In Varnava v. Turkey, the court indicated that where a person has been, appeared to have been taken into custody and was subsequently disappeared, the State had an obligation to effectively investigate the circumstances.<\/p>\n
The court has emphasised the obligation of the authorities to exercise their powers to control and prevent crime in a manner which fully respects due process and other guarantees which legitimately place restraints on the scope of their activities, including the guarantees in Article 5 (Jendrowski v Germany).<\/p>\n
Unacknowledged deprivations of liberty and the failures of a state to account for the whereabouts of persons in their custody may comprise serious breaches of the Convention. The person should be formally identified, and information retained on their location, date and duration of detention.<\/p>\n
\u201cThe unacknowledged detention of an individual is a complete negation of these guarantees and is the gravest violation of Article 5 . . . States must take effective measures to safeguard against the risk of disappearance and conduct a prompt and effective investigation into an arguable claim that a person has been taken into custody and has not been seen since.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Article 5 Protection On many occasions, the European Court of Human Rights has emphasised the importance of Article 5, protection of personal liberty. The court stresses the fundamental importance of the guarantees contained in Article 5 for securing the rights of individuals in a democracy to be free from arbitrary detention at the hands of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[344],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10233"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10233"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10233\/revisions"}],"predecessor-version":[{"id":23576,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10233\/revisions\/23576"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10233"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10233"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}