36 SAADI v. THE UNITED KINGDOM JUDGMENT - JOINT PARTLY DISSENTING OPINION OF JUDGES ROZAKIS, TULKENS, KOVLER, HAJIYEV, SPIELMANN AND HIRVELÄ instruments...” (point 4). Finally, “[a]lternative and non-custodial measures, feasible in the individual case, should be considered before resorting to measures of detention” (point 6). The crux of the matter here is whether it is permissible today for the European Convention on Human Rights to provide a lower level of protection than that which is recognised and accepted in the other organisations. Ultimately, are we now also to accept that Article 5 of the Convention, which has played a major role in ensuring controls of arbitrary detention, should afford a lower level of protection as regards asylum and immigration which, in social and human terms, are the most crucial issues facing us in the years to come? Is it a crime to be a foreigner? We do not think so.