On 17 May 2016, within Continuous Training Program (CTP), Kosovo Judicial Institute in cooperation with the Council of Europe Office in Prishtina, has organised training on the topic: “Article 5 of the Convention on Protection of Human Rights and Fundamental Freedoms and its implementation”.
The purpose of this training was to deepen the knowledge of judges regarding the importance, structure, and positive obligations under Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
Within this training there were treated the demands that contain Article 5 of ECHR, the right for freedom and security in the context of judiciary practice of European Court for Protection of Human Rights. There were treated the legitimacy of detention on remand, approved basis and procedural guarantees. There were also treated dilemmas in practice regarding application of the provisions of Article 5 of ECHR, in this context lawfulness of detention on remand, permissible bases, procedural guarantees, detaining after conviction, detention on remand pending deportation and the right to compensation.
In the final conclusions it was stressed that the Article 5 of the ECHR includes the key elements in protection of human rights of an individual. Deprivation of these rights is related and have direct effect on the enjoyment of many other rights, such as the right to family and to private life, the right to freedom of public assembly, socialisation and expression, up to the right to freedom of movement. So as such freedoms be meaningful, Judges should continuously take into account that any deprivation from these rights should take place only in exceptional circumstances and be justified in an objective manner as well as do not last longer than is absolutely necessary.
The beneficiaries of this training were judges of basic level and professional associates.
17-05-2016