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Preventive detention and the right to personal liberty and security under Article 5 ECHR

Macken, Claire 2006, Preventive detention and the right to personal liberty and security under Article 5 ECHR, International journal of human rights, vol. 10, no. 3, pp. 195-217, doi: 10.1080/13642980600828487.

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Title Preventive detention and the right to personal liberty and security under Article 5 ECHR
Author(s) Macken, Claire
Journal name International journal of human rights
Volume number 10
Issue number 3
Start page 195
End page 217
Publisher Frank Cass & Co. Ltd
Place of publication London, England
Publication date 2006-09
ISSN 1364-2987
1744-053X
Summary 'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).
Language eng
DOI 10.1080/13642980600828487
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2006, Taylor & Francis
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003509

Document type: Journal Article
Collection: Law
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