Border Crossings and the Right to Liberty

Professor Cathryn Costello joins a panel of experts to discuss ‘Border Crossings and the Right to Liberty’ in a webinair on 22nd April 2021 organised by Liverpool John Moore’s University Law School and the Criminal Law Group of the European Court of Human Rights.

States have the right to determine the entry, residence and expulsion of aliens in an immigration context. In exercising this power, States increasingly rely on confinement of irregular migrants and asylum seekers in transit zones and reception centres. However, these restrictions imposed on foreigners must comply with the right to liberty enshrined in Article 5 of the Convention.

Through the lens of the Court’s case law, speakers will explore, inter alia, the following issues: the tensions between border confinement of foreigners and the European system of protection of human rights; the conditions under which confinement in transit zones and reception centres amounts to deprivation of liberty; the lawfulness requirement and procedural safeguards under Article 5 as developed by the Court in relation to the detention of migrants and asylum seekers.

Chair

- Ksenija Turković – Judge, Vice-President of the ECtHR

Introductory Remarks

- Triestino Mariniello – Senior Lecturer in Criminal Law at Liverpool John Moores University

Speakers

- Cathryn Costello – Professor of Refugee and Migration Law at Oxford University and Co-Director of the Centre for Fundamental Rights at Hertie School, Berlin

- Martin Mits – Judge of the ECtHR

Discussant

- Mariagiulia Giuffrè – Reader in Law at Edge Hill University

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