Particular grounds for excluding the unlawfulness - Commentary on BiH Constitution

The list of grounds for excluding unlawfulness with regards to the deprivation of liberty is specified in Article 5, paragraph 1 of the ECHR. If the deprivation of liberty relies exclusively or factually on other reasons, for example, if a person has been deprived of liberty in order to exchange him/her for another detained person, then it is unlawful as being unjustified.⁷⁵²

Footnotes

CH/96/21-B, paragraph 35; CH/97/45-A&M, paragraph 45 et seq. with further reference to ECtHR, Ireland v. the United Kingdom, 18 January 1978, Series A no. 25, paragraph 194; CH/98/1027 et al.-A&M, paragraph 139.