Detention observed through the prism of human right

Abstract

The article contains an analysis of the reasons for detaining individuals and its more frequent application in light of the European Convention for The Protection of Human Rights and Fundamental Freedoms, with emphasis on Article 5. The human rights of detained individuals are analysed with a special focus on the ordering and extension of detention. The reasons why the extension of detention is requested need to be examined carefully because longer detention periods create the conditions for violations of human rights, which is why it is necessary to act on cases involving detention urgently and efficiency. The decisions of the European Court of Human Rights and the Constitutional Court which assessed the constitutionality of the provisions that define detention and the evaluation of constitutional appeals are analysed in the article.

Keywords

• detention
• ordering detention
• the risk of repeat offending
• european convention for the protection of human rights and fundamental freedoms
• huma