Приклади вживання Preventive detention Англійська мовою та їх переклад на Українською
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This was preventive detention.
The Supreme Court considered that the Strasbourg case-law on preventive detention was not clear.
The decision for his continued preventive detention was upheld by the Berlin Court of Appeal in March 2010.
Was to be allowed to continue his therapy with the external psychologist, who had treated him while at liberty,which he had not been authorised to pursue since his renewed preventive detention.
The concept of preventive detention. .
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced.
He also announced more drastic measures to guarantee national security,such as preventive detention of immigrants suspected of religious extremism.
Was to remain in preventive detention, finding that it could be reasonably expected that he would commit further offences if released.
In June 2007 he was released after the BerlinCourt of Appeal had decided that his continued preventive detention without a decision by the competent court was unlawful.
If Strasbourg rules that the preventive detention of the former minister is a violation of the law, which options does this provide for him as well as his protection in Ukraine?
Denmark(no. 35553/12), where the Grand Chamber found it necessary to clarify and adapt the case-law andconfirmed that preventive detention could be compatible with Article 5 in certain circumstances.
The draft law№4312a provides for the“preventive” detention of individuals, involved in terrorist activities, without any judgment up to 30 days.
In that judgment the Grand Chamber had found it necessary to clarify and adapt the case-law,agreeing with the conclusion of the UK Supreme Court that preventive detention could be compatible with Article 5 in certain circumstances.
In particular, we are talking about the law allowing preventive detention of citizens for 30 days, despite the fact that under the Constitution a person may be detained only for 72 hours.
The detainee also may not change her/his condition under the provisions of the Criminal Procedure Code of Ukraine concerning the change of preventive measure,because the“preventive detention” will not be considered a preventive measure.
The case concerned an order for the continued execution of his preventive detention, which, he maintained, had been based on an old and insufficient psychiatric opinion.
It agreed with the concurring opinion of two of the judges in O. that the majority had interpreted Article 5(right to liberty and security)of the Convention too strictly in that case and preventive detention could be compatible with Article 5 in certain circumstances.
In July 2007 theBerlin Regional Court ordered the execution of his preventive detention, in accordance with the relevant provisions of the German Criminal Code, referring to the view of a psychotherapist and concluding that D. J.
This case concerned the Irish Government's complaint about the scope and implementation of those measures and in particular the practice of psychological interrogation techniques(wall standing, hooding, subjection to noise and deprivation of sleep,food and drink) during the preventive detention of those detained in connection with acts of terrorism.
The applicants argued before the Supreme Court that preventive detention was not compatible with the European Convention, as found by the European Court of Human Rights in a Chamber judgment of 2013(O. v. Germany, no. 15598/08).
The Law of Ukraine of 12 August 2014,No. 1630-VII“On Amendments to the Law of Ukraine“On Combating Terrorism” regarding the preventive detention of persons, involved in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours”(English version).
Along with the introduction of so-called“preventive detention” the Law No. 1630-VII of the CCP of Ukraine was supplemented by a new Section IX“The special rules of pre-trial investigation in war or a state of emergency in the area of anti-terrorist operation.”.
On 12 August 2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine“On Amendments to theLaw of Ukraine“On Combating Terrorism” regarding the preventive detention of persons, involved in terrorist activities in the anti-terrorist operation area for a period exceeding 72 hours”.
VII added the Law ofUkraine“On Fight Against Terrorism” that gives powers for preventive detention of the persons who are reasonably suspected of terroristic activity for the term of 72 hours, but no less than 30 days, in the district of long-term antiterrorist operation.
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.
On 1 August 2016,the lawyer submitted a motion on changing preventive measure of detention to twenty-four-hour home arrest.
The decision of the Leninsky district court of the city of Kharkiv in September,which changed the preventive measure of detention for 24-hour home arrest, became a resonance for Kharkiv residents.
A similar situation takes place in the trial of the former mayor of Slovyansk Nelia Shtepa,who in September 2017 changed the preventive measure of detention on a 24-hour home arrest with wearing an electronic control device.
According to the current Criminal Procedure Code, detention is an exceptional preventive measure.