Zagidulina v Russia: ECHR 2 May 2013

The Court limited itself to article 5(1)(e), when it stated that: ‘the notion of ‘lawfulness’ in the context of article 5(1)(e) of the Convention might have a broader meaning than in national legislation. Lawfulness of detention necessarily presumes a ‘fair and proper procedure’, including the requirement ‘that any measure depriving a person of his liberty should issue from and be executed by an appropriate authority and should not be arbitrary’ (see Winterwerp, cited above, 45, Johnson v The United Kingdom, 24 October 1997, 60, Reports of Judgments and Decisions 1997-VII, and more recently Venios v Greece, Application No 33055/08, 48, 5 July 2011 with further references).’
11737/06 – Chamber Judgment, [2013] ECHR 398
Bailii
European Convention on Human Rights
Human Rights
Cited by:
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CitedLee-Hirons v Secretary of State for Justice SC 27-Jul-2016
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These lists may be incomplete.
Updated: 07 January 2021; Ref: scu.491944