Article 5 - Right to Liberty Flashcards

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1
Q

Storck v Germany - 3 elements

A

person’s confinement to a certain limited place for not a negligible length of time
person must not have consented to the confinement
imputable (done by) the state

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2
Q

‘not a negligible length of time’

A

Shimovolos v Russia - 45 mins
Kasparov v Russia - 5 hours
Gillan v UK - 30 mins

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3
Q

Justifications for deprivation of liberty

A

Article 5.1(a-c)

b&c - arrest or detention

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