Austin v United Kingdom (2012) 55 EHRR 14

Facts:

  • The complainants complained that the respondent United Kingdom had violated their rights under the European Convention on Human Rights 1950 art.5(1).
  • Four complainants had been contained within a police cordon for several hours during an anti-capitalism demonstration in central London. One had been taking part in the demonstration, the others were simply by-passers.
  • Police intelligence indicated that the demonstration presented a serious threat to public order, and a risk of damage to property and serious injury or death.
  • Conditions were not comfortable after police closed off Oxford Circus.
  • Police efforts to disperse the crowd in a controlled manner were largely unsuccessful because a large, disorderly and sometimes violent crowd had gathered outside the gordon.

Ratio:

  • Complaint dismissed.
  • Article 5 was not to be interpreted so as to incorporate the freedom of movement requirements of Protocol 4 art.2 in respect of states, including the UK, which had not ratified that protocol.
  • When considering whether those obligations had been complied with, account had to be taken of the difficulties involved in policing modern societies, the unpredictability of human conduct, and the resource and priority-driven operational choices that had to be made.

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