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

journal contribution
posted on 2006-09-01, 00:00 authored by Claire Macken
'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).

History

Journal

International journal of human rights

Volume

10

Issue

3

Pagination

195 - 217

Publisher

Frank Cass & Co. Ltd

Location

London, England

ISSN

1364-2987

eISSN

1744-053X

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2006, Taylor & Francis

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