Webinar "Border Crossing and the Right to Liberty"

The webinar is the second in the series "Punishment, Detention, Crisis: Academic Judicial Dialogues". 
TO FOLLOW THE WEBINAR, PLEASE REGISTER AT THIS LINK.
Instructions on how to connect via Zoom will be sent before the start of the event.
For more information, please contact the organisers Dr Paolo Lobba and Dr Triestino Mariniello.

Programme

Chair

- Ksenija Turković – Vice President of the European Court of Human Rights

Introductory Remarks

- Triestino Mariniello – Senior Lecturer at Liverpool John Moores University

Speakers

- Cathryn Costello – Professor at Oxford University and Co-Director of the Centre for Fundamental Rights at Hertie School, Berlin

- Martin Mits – Judge of the European Court of Human Rights

Discussant

- Mariagiulia Giuffrè – Reader at Edge Hill University

Q/A

Description

States have the right to determine the entry, residence and expulsion of aliens in an immigration context. In exercising this power, States increasingly rely on confinement of irregular migrants and asylum seekers in transit zones and reception centres. However, these restrictions imposed on foreigners must comply with the right to liberty enshrined in Article 5 of the Convention.

Through the lens of the Court’s case law, speakers will explore, inter alia, the following issues: the tensions between border confinement of foreigners and the European system of protection of human rights; the conditions under which confinement in transit zones and reception centres amounts to deprivation of liberty; the lawfulness requirement and procedural safeguards under Article 5 as developed by the Court in relation to the detention of migrants and asylum seekers.

The Court’s factsheet on ‘Migrants in Detention’ is available here.

Relevant cases that will be discussed:

• Amuur v. France;
• A. and Others v. Russia;
• Ilias and Ahmed v. Hungary;
• R. and Other v. Hungary

Webinar Training Series – “Punishment, Detention, Crisis: Academic Judicial Dialogues”

Next Events

• 20 May - Detention during Pandemic (Fionnuala Ni Aolain, Triestino Mariniello, Roberto Chenal, Liora Lazarus);
• 24 June - Police Power and National Emergency (Darian Pavli, Julie Alix, Latif Huseynov, Manfred Nowak). 

Previous Events

• 22 March - Human Punishment: Life Imprisonment and the Right to Hope (Robert Spano, Ksenija Turković, Dirk van Zyl Smit, Bernard Harcourt, Paolo Lobba).
  The video recording of this event may be viewed here.

Description

The criminal law today is pushing its limits. Breaking through new frontiers, it extends beyond its traditional province, affecting increasingly more facets of individual liberty. As the criminal law flourishes in times of crisis, novel far-reaching provisions are incorporated into our legal systems. Emergency legislation has thus been normalised.

In this context, various questions arise as to the nature, aims and scope of punishment and detention. What makes punishment ‘human’ or ‘just’? When does a restrictive measure qualify as deprivation of liberty? To what extent, if any, does a pandemic impose additional limits to the resort to detention? Which restraints must remain in place in time of emergency to rein in the broad discretionary powers vested in the police?

This series of webinar offers a forum that brings together leading scholars, judges and practitioners to advance vibrant and constructive conversations between the Court and the academia on the tensions between deprivation of liberty and human rights standards. While the webinars are first of all training events for the Court’s staff, they warmly invite the active participation of the general public. The proposed audience includes scholars, students, and human rights law practitioners.

Scientific Director: Judge Ksenija Turković

Organizers: Paolo Lobba and Triestino Mariniello