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Public prosecutors and the right to personal liberty: An analysis of the jurisprudence of the UN Human Rights Committee and the European Court of Human Rights

Enonchong, Laura-Stella

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Abstract

This article discusses the approach of the United Nations Human Rights Committee (HRC) and the European Court of Human Rights (ECtHR) to interpreting and applying the right to personal liberty, in particular in relation to the judicial control of the deprivation of liberty. It appears that both institutions adopt an interpretative approach that aligns with the object and purpose of the right. However, in the application to individual cases, unlike the ECtHR, the HRC fails to clarify the scope of the relevant provision of the ICCPR, specifically, the independence and impartiality of the public prosecutor as ‘an other officer authorised by law to exercise judicial power’. That situation may ultimately undermine a more effective attainment of the object and purpose of the right to personal liberty. The article argues for the HRC to adopt a more systematic approach to interpreting and applying that right in particular and the provisions of the ICCPR in general.

Citation

Enonchong, L.-S. (2022). Public prosecutors and the right to personal liberty: An analysis of the jurisprudence of the UN Human Rights Committee and the European Court of Human Rights. Netherlands Quarterly of Human Rights, 40(3), 222-243. https://doi.org/10.1177/09240519221115280

Journal Article Type Article
Acceptance Date Dec 1, 2021
Publication Date Sep 1, 2022
Deposit Date Jan 12, 2024
Publicly Available Date Jan 12, 2024
Journal Netherlands Quarterly of Human Rights
Print ISSN 0924-0519
Electronic ISSN 2214-7357
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 40
Issue 3
Pages 222-243
DOI https://doi.org/10.1177/09240519221115280
Keywords Right to personal liberty, public prosecutors, officer authorised by law, independence, impartiality, Article 9(3) ICCPR, Article 5(3) ECHR
Publisher URL https://journals.sagepub.com/doi/10.1177/09240519221115280

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