Last Updated:2022/12/24

In A v. UK, the Grand Chamber of the European Court of Human Rights held that Part 4 of the 2001 Act was not a strictly necessary response to the acknowledged emergency evidenced by the attacks in the USA and that the detention of the applicants was in breach of Article 5. This conclusion is noteworthy given that the European Court has in the past adopted a deferential if not supine approach when assessing the legality of derogations under Article 15.

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