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Introduction

Published online by Cambridge University Press:  18 September 2025

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Summary

25. Goal of Part I – This Part of the book aims to establish the evaluative and normative framework. As was explained in the introduction (see nos 12–13), the focus of this book is on measures that directly impact the physical liberty of people. Within the framework of the ECHR, this means that Article 5 ECHR, which protects the right to liberty and security, is of paramount importance. However, this is not the only relevant Article. Article 2 of the Fourth Protocol to the ECHR protects the freedom of movement and also directly relates to people's physical liberty.

26. Article 5 ECHR – Article 5 of the ECHR reads:

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

  • (a) the lawful detention of a person aft er conviction by a competent court;

  • (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

  • (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fl eeing aft er having done so;

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Chapter
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Restricting Liberty to Prevent Terrorism
The Belgian and the UK Approaches to Direct Restrictions to the Right to Liberty to Prevent Terrorism
, pp. 35 - 38
Publisher: Intersentia
Print publication year: 2025

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  • Introduction
  • Ward Yperman
  • Book: Restricting Liberty to Prevent Terrorism
  • Online publication: 18 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781839704802.007
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  • Introduction
  • Ward Yperman
  • Book: Restricting Liberty to Prevent Terrorism
  • Online publication: 18 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781839704802.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Ward Yperman
  • Book: Restricting Liberty to Prevent Terrorism
  • Online publication: 18 September 2025
  • Chapter DOI: https://doi.org/10.1017/9781839704802.007
Available formats
×