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Conference on liberty and security

How is the right to liberty and security (Article 5 of the European Convention on Human Rights) protected in the Eastern Partnership countries? How is this right implemented? What are the restrictions to this right?

These were the some of the questions discussed at the 5th Black Sea International Conference on “Liberty and security: increasing the effectiveness of the constitutional complaint”, hosted by the Constitutional Court of Georgia in Batumi on 27-28 June 2015.

The aim of this Conference was to discuss Article 5 of the European Convention on Human Rights (Right to liberty and security) and the equivalent provisions in the constitutions of the states of the speakers and their implementation – as well as the restrictions to this right.

Discussions revolved around the difficulties in safeguarding this right. Reference was made to the fight against terrorism and the extraordinary rendition judgments by the Strasbourg Court, the problems in differentiating between a criminal activity and political opposition.  

The importance of the constitutional complaint was also extensively discussed; however those states that do not have the full individual complaints procedure justified this by stating that introducing it would open the floodgates of litigation, which they felt their courts were not ready to deal with.

This conference was co-organised by the GIZ, Human Dynamics Consortium and the Venice Commission under the Council of Europe/European Union Eastern Partnership Programmatic Cooperation Framework for Armenia, Azerbaijan, Georgia, Republic of Moldova, Ukraine and Belarus funded by the European Union and implemented by the Council of Europe.

The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall. The Commission's official name is the European Commission for Democracy through Law, but due to its meeting place in Venice, Italy, where sessions take place four times a year, it is usually referred to as the Venice Commission.

Website of the Venice Commission

Venice Commission Batumi, Georgia 27-28 June 2015
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