ECHR Article 5

Question 1

What are the provisions of Article 5 ECHR?

Answer 1

(1) right to liberty
(2) informed of reasons for arrest
(3) persons arrested brought promptly before judge
(4) right to review lawfulness of detention
(5) compensation for breach

Question 2

What are the requirements to enable the state to deprive someone of liberty?

Answer 2

• limitations in (a)-(f) +
• prescribed by law

Question 3

What is a deprivation of liberty distinguished from?

Answer 3

Mere restriction

Question 4

When will kettling not be considered a deprivation of liberty?

Answer 4

Proportionate and not imposed arbitrarily

Question 5

What is the ‘prescribed by law’ test?

Answer 5

• adequately accessible and
• sufficient precision to foresee consequences

Question 6

What is the key limit in article 5(1)(a)-(f)?

Answer 6

Where person is lawfully arrested and detained

Question 7

What are the two situations in which a person can be lawfully arrested and detained?

Answer 7

1. Reasonable suspicion of offence or
2. Reasonably considered necessary to prevent offence

Question 8

What is the maximum period before which a person detained should be brought before a judge?

Answer 8

four days but short time could still be a breach

Question 9

What intervals between review of ongoing detention will be deemed unreasonable?

Answer 9

More than one year

Question 10

When will an applicant be able to claim compensation under Article 5(5)?

Answer 10

When case taken to ECtHR