http://assembly.coe.int Doc. 14079 06 June 2016 Administrative detention Report1 Committee on Legal Affairs and Human Rights Rapporteur: Lord Richard BALFE, United Kingdom, European Conservatives Group Summary The Committee on Legal Affairs and Human Rights stresses the importance of the right to liberty and security guaranteed in Article 5 of the European Convention on Human Rights. It is worried that administrative detention has been abused in certain member States for purposes of punishing political opponents, obtaining confessions in the absence of a lawyer and/or under duress, or apparently for stifling peaceful protests. Regarding administrative detention as a tool to prevent terrorism or other threats to national security, the committee recalls that purely preventive detention of persons suspected of intending to commit a criminal offence is not permissible and points out that mere restrictions (as opposed to deprivation) of liberty are permissible in the interests of national security or public safety and for the prevention of crime. All member States concerned should refrain from using administrative detention in violation of Article 5. Instead, they should make use of available tools respecting human rights in order to protect national security or public safety. Giving examples of such tools, the committee recalls their legal requirements, including a prohibition of discrimination on the basis of nationality. 1. Reference to committee: D oc. 12998, Reference 3900 of 1 October 2012. F - 67075 Strasbourg Cedex |
[email protected] | Tel: +33 3 88 41 2000 | Fax: +33 3 88 41 2733 Doc. 14079 Report Contents Page A. Draft resolution......................................................................................................................................... 3 B. Explanatory memorandum by Lord Richard Balfe, rapporteur.................................................................