78
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
limited role they were able to play in closed hearings given the absence of
effective instructions from those they represented.
B. The Court’s assessment
1. Admissibility
200. The Court notes that Article 5 § 4 guarantees a right to “everyone
who is deprived of his liberty by arrest or detention” to bring proceedings to
test the legality of the detention and to obtain release if the detention is
found to be unlawful. Since the second and fourth applicants were already at
liberty, having elected to travel to Morocco and France respectively, by the
time the various proceedings to determine the lawfulness of the detention
under the 2001 Act were commenced, it follows that these two applicants’
complaints under Article 5 § 4 are manifestly ill-founded within the
meaning of Article 35 § 3 of the Convention (see Fox, Campbell and
Hartley v. the United Kingdom, 30 August 1990, § 45, Series A no. 182)
and must be declared inadmissible.
201. The Court considers that the other applicants’ complaints under this
provision raise complex issues of law and fact, the determination of which
should depend on an examination of the merits. It concludes, therefore, that
this part of the application is not manifestly ill-founded within the meaning
of Article 35 § 3 of the Convention. No other ground of inadmissibility has
been raised and it must be declared admissible.
2. The merits
(a) The principles arising from the case-law
202. Article 5 § 4 provides a lex specialis in relation to the more general
requirements of Article 13 (see Chahal, cited above, § 126). It entitles an
arrested or detained person to institute proceedings bearing on the
procedural and substantive conditions which are essential for the
“lawfulness” of his or her deprivation of liberty. The notion of “lawfulness”
under Article 5 § 4 has the same meaning as in § 1, so that the arrested or
detained person is entitled to a review of the “lawfulness” of his detention in
the light not only of the requirements of domestic law but also of the
Convention, the general principles embodied therein and the aim of the
restrictions permitted by Article 5 § 1. Article 5 § 4 does not guarantee a
right to judicial review of such a scope as to empower the court, on all
aspects of the case including questions of pure expediency, to substitute its
own discretion for that of the decision-making authority. The review should,
however, be wide enough to bear on those conditions which are essential for
the “lawful” detention of a person according to Article 5 § 1 (see E. v.
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