A5 Right to Liberty

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Guzzardi v Italy
Extra powers for Mafia. G ordered to live in Sardinia defined area with night curfew and restrictions for 16 mnths. St - restrictions equivalent to open prison so violation.
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Amuur v France
Somali from Syria to France. Documents false, A claimed asylum felt couldnt admit him so kept in airport for 3 weeks until deported. ST- restrictions there were violation (broad)
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Kurt v Turkey
Son disappeared and no one saw him again. unacknoqledged detention is negation of guarantees of A5, assuming control = account for whereabouts. Take x then must know where and effective measures to protect against forced dissap & investigate. Breach
3 of 33
El-Masri v Macedonia
E (Gr) travel to Macedonia detained on boarder for suspicious passport. questioned by unidentified police, detained in hotel by armed officials. 3 weeks let go but given to USA. Stripped & beat him to Afganistan. Black prison for 3 mnths w/ violent
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Cont
Interrogations. Taken to Albania to find way back. M denied involvement resp for detention by USA. Grave violation of A5 unlawful forced dissap and A3.
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A5(1)(a) Weeks v UK
17 armed robbery convicted of life sentence, discretionary life sentence. called back from parole. Recall justified as danger to society still.
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Tsirilis & Kouloumpas v Greece
Gr conscription T&K J.Whit not fight so sentenced. St- upheld T had exemption in law and not followed = Breach 5(1)(a) must be lawful in 1st place.
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A5(1)(b) Gatt v Malta
G suspect drug trafficker on bail guarantee for £23000. onerous conditions. 2001-6 breached one so forced by guarantee. didnt have £. sentenced 2000 days for non compliance. ST- lawful elements, proportional? No so breach.
8 of 33
Vasileva v Denmark
60ys on tram with no ticket. not give info, police took to station. Kept over night after saying get crinimal charge and checking on her. Released once said. St - proportionality, disproportional = Breach
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A5(1)(c) Fox,Campbell & Hartley
N. Irish believed IRA arrested. evidence must be present for arrest then to court. St- evidence 2 prior convictions for terrorism and police had other info undisclosed. St- R suspicion presupposes existence of facts satisfy R observer. no breach
10 of 33
Margaret Murray v UK
Bros convicted in US buy weapons for IRA. M visiting, felt linked. army arrested her & not answer Qs. Released 2 hrs later.. No R suspicion? Enough as short detention needs less evidence.
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Guzzardi
preventing person comitting offence by putting on island, breach power must be very specific not broad. couldn't show stopping specific future crimes in near future.
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A5(1)(d) Bouamar v Belguim
16yo regular offender to be detained in special education facility for 15 days. applied several times, no places so normal prison. Breach St- power is expressly for education so must have facilities for sentence.
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A5(1)(e) Winterwerp v Netherlands
Paranoia concerned taken and ordered compulsary detention in mental hospital. no comprehensive definition - evolving with research. St- dev w/ med understanding. Justify decision for safety.
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Litwa v Poland
old man dispute with PO felt he was drunk, called police took to sentence. Dr said moderately drunk and detained 6yrs. can convict if no medically alc must threaten safety/public order. held disproportional.
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Enhron v Sweden (disprop)
E HIV positive infected people given treatment and check ups. Stopped going worried he was a danger. Courts complusary detentoin for 3mnths. No auth Campbell med treatment. Repeated for yrs. St - repeats violation. detention for infection last resor
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De Wilde, Ooms & Versyp v Belgium (Vagrancy)
little social welfare so could surrender to police and be detained. St - accepted laws definition so lawful. (no finance/home)
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A5(1)(f) Bozano v France
Italian crimes no custody so left before trial. Sentence not enforced. applied to extradite from Fr, not approve as unfair trial. Deported to Swiss took to It. St- deportation unlawful involves state actions. Not genuine deportation arbitrary.
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Quinn v France
R speed pending deportation. Q sought by USA took 2 years. challenge and found breach.
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Chahal v UK
Detained 3 1/2 yrs on considerations. No breach as gone through so many hearings
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A5(2) Fox, Campbell & Hartley v UK (pro-state)
When arrested told each arrested on suspicion of being arrested. Q'd in detail of crimes. Process not meet 5(2) shouldve been told details at time of arrest. St - simple lang essential legal/factual grounds. didnt req info at arrest as long as prompt
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Van der Leer v Netherlands (pro-indiv)
v mental health issues gone in hosp voluntary. H applied for compulsory detonation. Med evidence in court. V not told for 10 days. St - broad like V should be within 5(2) if out of crim process be told asap
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A5(3) Brogan v UK
N.Ireland if arrested suspected detained up to 7 days. (4-7 days) St- prompt? no specific time v. short before court. terrorism important. Breach not quick enough
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Assenov v Bulgaria
Investigations in B power to Q and order detention of suspects. A suspected robberies held in detention. Challenge not indept. St- subordinate to prosecutors who not indept. could overrule prosecutor. not meet req for court.
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Wemhoff v Germany
W suspected international fraud. W arrested detained 4 yrs. asked for bail rejected. St - justified must show good reasons to refuse (given danger fly away), Reasonableness for time. Complex case sufficient. Strict
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Kalashnikov v Russia
Banking fraud held 4 yrs pre-trial with no bail. diff reasons have when 1st arrested (cover up activity). over time not valid should review it. not good reason whole time. didnt investigate all time = breach.
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A5(4) Vagrancy Cases
J.Rev. Need hearing at magistrates for quick process. If no home & £ detain for 2 yrs simple. Swift basic process not suffiently elaborate for the time. Breach.
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A and others v UK
Applied V.cases. 2 stage process: open hearing (with lwyer and aruge), close proceeding (with all evidence lawyer/indiv not present). nat interests special advocat checks. no communic. St - not fit 5(4) open as long as enough to understand. closed i
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Cont.
insufficent. A succeeded. St is robust for effective scrutiny.
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Winterwerp
broaden scope. certian circum more J. Rev for 5(4). detained condition may improve/deteriorate so charge changes. regular reviews needed.
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Van Droogenbroeck v Belgium
extends Winterwerp - long term sentences, Repeat criminal. imprisoned, for rehabilitation. argued once in extra sentences need J rev regularly.
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Weeks
Discretionary life sentence held no longer threat to society. J.body to review. St - discretionary life once served time need regular reviews if release & recaught. to Br life senteces.
32 of 33
Stafford v UK
convicted murderer mandatory life sentence, served punishment time not released is still danger. Need J.Rev agreed extends to life sentence.
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Other cards in this set

Card 2

Front

Somali from Syria to France. Documents false, A claimed asylum felt couldnt admit him so kept in airport for 3 weeks until deported. ST- restrictions there were violation (broad)

Back

Amuur v France

Card 3

Front

Son disappeared and no one saw him again. unacknoqledged detention is negation of guarantees of A5, assuming control = account for whereabouts. Take x then must know where and effective measures to protect against forced dissap & investigate. Breach

Back

Preview of the back of card 3

Card 4

Front

E (Gr) travel to Macedonia detained on boarder for suspicious passport. questioned by unidentified police, detained in hotel by armed officials. 3 weeks let go but given to USA. Stripped & beat him to Afganistan. Black prison for 3 mnths w/ violent

Back

Preview of the back of card 4

Card 5

Front

Interrogations. Taken to Albania to find way back. M denied involvement resp for detention by USA. Grave violation of A5 unlawful forced dissap and A3.

Back

Preview of the back of card 5
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