Following the launch of the HELP e-learning course on the Right to Liberty and Security, our project continued capacity building activities with a workshop on the Judicial practice of the European Court of Human Rights (ECtHR) under Article 5 of the European Convention on Human Rights (ECHR).
Organised in partnership with the Justice Academy, the workshop brought together judges and prosecutors from across Kosovo*[1] for an interactive discussion on the interpretation and application of the right to liberty and security. The training was facilitated by two Justice Academy trainers who shared their extensive academic and practical expertise.
The workshop explored key aspects of Article 5 ECHR, including the concept of liberty as a fundamental right, lawful limitations, and safeguards against arbitrary detention. Participants analysed landmark ECtHR cases, such as McKay v. UK and O’Hara v. UK, and discussed how these standards can guide domestic judicial practice.
Special attention was given to challenges faced in Kosovo* related to pre-trial detention, involuntary placement in closed psychiatric institutions, and the importance of considering alternatives to detention. Participants also reflected on the core safeguards guaranteed under Article 5 ECHR, including the right to be informed promptly of the reasons for arrest (paragraph 5.2), the right to appear before a competent court within a reasonable time (5.3), the right to a speedy review of the lawfulness of detention (5.4), and the right to a compensation in cases of unlawful detention (5.5).
By combining e-learning and in-person workshops, the project and the Justice Academy aim to offer a diversified training methodology tailored to the needs and professional duties of judges, prosecutors, and lawyers. This blended approach ensures that capacity-building activities are complementary both in content and in delivery, enhancing the practical application of ECHR standards in Kosovo*.
[1] *All references to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
