Правото по чл. 5 § 1, б. ,,с“ от Европейската конвенция за защита правата на човека
The Right under Art. 5 § 1, B. "C" Of the European Convention for the Protection of Human Rights

Author(s): Adelina Hadjiyska
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Philosophy of Law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: detention; judicial review; right to liberty and security; ECHR; procedural guarantees; reasonable suspicion
Summary/Abstract: The report examines the right under Art. 5 § 1, b. "c" of the European Convention for the Protection of Human Rights and the provided procedural guarantees to ensure "timely" and "automatic" judicial control under Art. 5 § 4 ECHR. As a result of the review of key decisions of the ECHR, the grounds for imprisonment under Art. 5 § 1 b "c". Attention has been drawn to the fact that whenever it concerns deprivation of liberty under Art. 5, item 1, b "c", at the national level, the relevant state should have provided for guarantees under Art. 5 § 4 of the Convention. This is so because the main purpose of Art. 5 § 3 of the ECHR is the creation of a balance between the public interest in the prosecution of a crime (even if only in the presence of a reasonable suspicion) and the protection of the personal freedom that every citizen possesses from arbitrary actions of state authorities.

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