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United Kingdom article 5 libertyarticle 11 assemblypreventive detention

Schwabe v Germany

(2011) 59 EHRR 28
JurisdictionUnited Kingdom
CourtEuropean Court of Human Rights
Year2011
StatusBinding authority

Key Principle

The pre-emptive detention of protesters by police before they could commit any offence constituted a violation of Article 5 ECHR (right to liberty) where there was no sufficiently concrete and specific risk of an offence being committed.

Area of Law

public-law

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