Compilation of ECtHR's findings on the balance between detention as a security measure and the individual's right to liberty

The Supreme Court has compiled findings of the case-law of the European Court of Human Rights on Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to the application of the security measure – detention. The case-law of the European Court of Human Rights reveals the content of Article 5 of the Convention and the methodology for its application, which in turn helps to identify situations in which the application of detention as a security measure is justifiable.

The individual's right to liberty and personal integrity are among the fundamental human rights protected by both the Constitution of the Republic of Latvia and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Detention, as the most severe security measure, significantly restricts the fundamental rights of an individual, therefore, enhanced assessment rules are provided for its application, aimed at finding a balance between the interests of criminal proceedings and the fundamental rights of an individual.

The findings and examples of the case-law of the European Court of Human Rights are systematized according to possible relevant sections of the Criminal Procedure Law, which provide for both the grounds for the application of detention provided for in the Criminal Procedure Law and the circumstances to be assessed in certain procedural aspects.

The compilation does not provide examples of the Latvian case-law.

The texts of the court rulings used in the compilation are available in the e-resources of the European Court of Human Rights. Moreover, Latvian translations of rulings in cases against Latvia are available on the website of the Supreme Court.

The summary was prepared by Dārta Eglīte, Legal advisor to the President of the Supreme Court, in cooperation with the Division of Case-law and Research of the Supreme Court.

• The compilation of the case-law of the European Court of Human Rights on Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to the application of the measure of security – detention is available in Latvian on the website of the Supreme Court.

Information prepared by

Rasma Zvejniece, Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211