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Fox, Campbell and Hartley v. the United Kingdom, Nos. 12244/86, 12245/86, 12383/86, ECtHR (Chamber), 30 August 1990

Abstract

Arrests of persons suspected of terrorism. Right to liberty and security. Lack of reasonable suspicions for the arrests. Unlawful arrests and violation of art. 5 ECHR. 

Normative references

Art. 5 ECHR

Ruling

1. There are no "reasonable suspicions" that the applicants, arrested by the British police, had links with Norther Ireland terrorism, as alleged by public authorities. Therefore, their arrest amounts to a violation of art. 5, para. 1 ECHR. 

2. The British statute pursuant to which the applicants were arrest does not provide for any possibility to obtain compensation in case of unlawful arrest. As a consequence, there is a violation of art. 5, para. 5 ECHR.