HASSAN v. THE UNITED KINGDOM – JUDGMENT
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III. ALLEGED VIOLATION OF ARTICLE 5 §§ 1, 2, 3 AND 4 OF THE
CONVENTION
65. The applicant alleged that his brother’s capture by United Kingdom
forces and detention in Camp Bucca gave rise to breaches of his rights
under Article 5 §§ 1, 2, 3 and 4 of the Convention, which provide, as
relevant:
“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:
...
(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 fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he
understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of
paragraph 1 (c) of this Article shall be brought promptly before a judge or other
officer authorised by law to exercise judicial power and shall be entitled to trial within
a reasonable time or to release pending trial. Release may be conditioned by
guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to
take proceedings by which the lawfulness of his detention shall be decided speedily
by a court and his release ordered if the detention is not lawful.”
The Government denied that Tarek Hassan fell within United Kingdom
jurisdiction at any material time. In the alternative, they denied that his
capture and detention, during an international armed conflict, gave rise to
any violation of the provisions of Article 5.
A. Jurisdiction
66. The applicant contended that at all material times his brother was
within the jurisdiction of the United Kingdom, within the meaning of
Article 1 of the Convention, which provides:
“The High Contracting Parties shall secure to everyone within their jurisdiction the
rights and freedoms defined in Section I of [the] Convention.”
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