The Court recalls that Article 5 contemplates individual liberty “in its classic sense, that is to say the physical liberty of the person” (see Engel and Others v. the Netherlands , 8 June

though the Court has previously accepted that the rights of military personnel may, in certain circumstances, be restricted to a greater degree than would be permissible in the case of civilians (see Engel

Court HR, Engel v. the Netherlands judgment of 8 June 1976, Series A no. 22, p. 38, para. 91; Bricmont v. Belgium judgment of 7 July 1989, Series A no. 158, p. 31, para. 89; and Vidal v.

Moreover in the light of the Court’s established case law in this field (see Engel and Others v. the Netherlands , 8   June 1976, §§ 58-59, Series A no. 22 and Guzzardi v.

the qualification of the act or omission in the legal system of the State concerned, the nature of the offence, and the nature and degree of severity of the penalty (see, amongst other authorities, Engel

be recalled that the Convention leaves States free to designate as a criminal offence an act or omission not constituting the normal exercise of one of the rights that it protects (see, for example, Engel

;    The sanction imposed on Mr Jamil was ordered by a criminal court, was intended to be deterrent and could have led to a punitive deprivation of liberty (see, mutatis mutandis, the Engel

It was unnecessary for the questionable criteria [6] set out in the Engel and Others v. the Netherlands [7] judgment to be referred to for that conclusion to be reached.

In its analysis it is not bound by the classifications in domestic law, which have only relative value (see the Engel and Others v. the Netherlands judgment of 8 June 1976, Series A no.

the domestic classification of the offence; (b) the nature of the offence; and (c) the degree of severity of the penalty that the person concerned risked incurring (see, among many other authorities, Engel

Luluyeva's relatives permitting the transportation of the bodies of Markha Gakayeva, born in 1962, Raisa Gakayeva, born in 1964 and Nura Luluyeva, born in 1960, from Grozny to the villages of Noyber and Engel-Yurt

its part sees no need to examine the witness complaint under Article 6 § 3 (d) of its own motion, as it does not concern the right to hear witnesses “on the same conditions” as the prosecution (see Engel

pointed out, in principle the Contracting States remain free to apply the criminal law to an act where it is not carried out in the normal exercise of one of the rights protected under the Convention (Engel

Dans le cadre de ce conflit, un groupe d’insurgés nommé MILIA (ou « les   Enyélés   » selon le village où les violences avaient débuté) et issu de la communauté des Lobalas s’était formé qui

of het motief      dat de verwerende partij aanvoerde om de vragen om      vrijstelling van verzoeker de verwerende partij immers geen      enkel

previous decisions by the Court to the effect that the finding of a violation may of itself constitute "just satisfaction" (Golder judgment of 21 February 1975, Series A no. 18, pp. 22-23, par. 46; Engel

Furthermore, the guarantees contained in Article   10 of the Convention extend to military personnel and civil servants (see the Engel and Others v. the Netherlands judgment of 8 June 1976, Series

It was unnecessary for the questionable criteria [6] set out in the Engel and Others v. the Netherlands [7] judgment to be referred to for that conclusion to be reached.

rely on his cellmates for assistance with using the toilet, bathing and getting dressed or undressed, contributed to its finding that the conditions of detention amounted to degrading treatment (see Engel