Van Droogenbroeck Case

Abstract

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 5 — Detention without trial — Recidivists and habitual offenders — Judicial order that recidivist be placed at the disposal of the Government for a period of years after completing prison sentence — Wide discretion to keep in detention conferred on minister — Whether detention ordered by a competent court — Whether minister’s decision arbitrary — Article 4 — Applicant’s release made conditional upon accumulating savings from prison work — Whether forced labour — Remedies in national law — Relationship between Convention and domestic law