SECTION I. CRIMINAL LAW

82. CRIMINAL VS. ADMINISTRATIVE – In this research on preventive counterterrorism measures with a direct impact on the right to liberty, criminal law comes into play, as offences oft en entail imprisonment or house arrest. Criminal procedure law also allows for pre-trial detention. Administrative law has also been used in order to prevent terrorism in ways which have a direct impact on the right to liberty, for example, by way of TPIM's in the UK.

83. SENTENCES FOR TERRORIST OFFENCES – Terrorist offences are considered to be quite serious and therefore, the sentence will oft en be imprisonment. That is the most obvious example of a deprivation of liberty, which falls under Article 5 ECHR. Among the lighter sentences, full day house arrest would also be considered a deprivation of liberty. Other sentences would need to be analysed on a case-by-case basis; for example, probation measures with the obligation to report to the police at regular intervals and/or overnight house arrest. Looking at the case law of the ECtHR, we can try to draw a rough line. From Guzzardi we learn that the combination of a relocation order, a limited area to move about which is not frequented by many other people, overnight curfew between 10 pm and 7 am, the obligation to report twice a day and limitations on phone calls amount to a deprivation of liberty (see no. 33).