Fichas
Freedom of Person
Fichas del conjunto (8)
- 1art 2 ECHR ctdsee Osman v UK (2000)
Art 2 can also impose a positive obligation on the State to protect life,
most basic from requires states to have criminal justice systems that punish and deter homicide. yet it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. liability will only attach to state authorities if they knew or ought to have known that there was a real and immediate risk to life but failed to take appropriate measures. - 2Torturecan be seen to be an aggravated deliberate and cruel form of treatment or punishment. Approach taken in ireland v Uk confirms basic distinction between trout and inhuman or degrading treatment or punishment .
- 3what questions to ask when dealing with circumstances which engage art 5(1)a) Doest he deprivation of liberty fall into one of the permissible categories set out in the ECHR art 5(1) (a-f) which allow the state to interfere with the right?
b) is this deprivation of liberty brought about in accordance with a procedure prescribed by law?
if lawfully arrested and detained within the terms of ECHR art 5 then must also ask:
c) has there been an interference by the state with one or more of the due process rights protected in para 2-4 of ECHR art 5. - 4what if UK person is victim to art 5?if a person is the victim of an art 5 breach by the state they are entitled by the ECHR art 5(5) to claim an enforceable right to compensation, the Uk under the remedial provisions applying under s 8 of HRA 1998 at the above right would only come into play if an applicant ultimately needed to take their case to Strasbourg
- 5art 5 derogationspossible in emergency situations. Uk has lodged one before in relation to suspects in suspected terrorist activities.
- 6Control Ordersprovision was made in the prevention of terrorism act 2005, for the making of control orders.
designed to control the movements and activities of certain individuals for the purpose of providing protection against terrorist activity. they can contain conditions such as bans on all forms of communication including mobile phones and internet use, travel and movement restrictions curfews restrictions on those with whom a person can associate, and electronic tagging. they are designed to be non discriminatory and could apply tor foreigners or British citizens. - 7Prevention of Terrorism act 2005 also allows...for non derogating control orders to be imposed. intended to restrict individuals' liberty but not to deprive them of it. Non derogating control orders have been used and were initially impose on the detainees who had won argument in A and Others.
- 8when is ECHR 5 engageddepends on the extent of the measures actually taken as this is ultimately for the courts and not the gov to decide. general approach has been developed from Gizzard v Italy
Información
- Descripción
- BPP study notes ch 10, ECHR art 2,3,5,6
- Creado por
- Spencer Bienvenue
- Visitas
- 8
- Valoración