By Sabina Garahan

This book is a ground-breaking study of how the European Court of Human Rights interprets Article 5 of the European Convention on Human Rights – the right to liberty and security. The right to liberty is a fundamental provision that is enshrined not only in the Convention but in all major human rights treaties. Despite this, Article 5 remains both a largely underdeveloped and unexplored area of European human rights law. The work aims to fill this gap by presenting an original framework for the progressive interpretation of the right to liberty. It is argued that the Court has not made use of opportunities to evolve Article 5 standards, resulting in a weakening of protections against arbitrary detention. This book’s original framework for the progressive interpretation of Article 5 identifies and addresses gaps in the protection of vulnerable groups of detainees, including in areas of growing concern across the European human rights space. These include individuals held pre-trial, as children, in immigration detention, following protest, or as a result of their political dissent or human rights activism. The volume outlines the normative justifications for an evolutive approach to Article 5 and elaborates how a dynamic interpretation could be enacted in practice, including by reference to original interview data and insights from European Court of Human Rights judges. This book will serve as a key point of reference for anyone researching or working on detention and the right to liberty across the Council of Europe and beyond.

London; New York: Routledge, 2025. 240p.

By Human Rights Watch

The 67-page report, “‘The Strategy Is to Break Us’: The US Expulsion of Third-Country Nationals to Costa Rica,” documents the US expulsions, which came after the US government held migrants and asylum seekers in abusive detention conditions – sometimes for weeks on end – while denying them due process and the right to seek asylum. The report also details Costa Rica’s months-long arbitrary detention of third-country nationals expelled from the US, as well as the mixed messages the Costa Rican government has given those third-country nationals.

Human Rights Watch, May 22, 2025, p. 67

By Bill Frelick, Martina Rapido Ragozzino, and Michael Garcia Bochenek

Between February 12 and 15, 2025, the US government expelled 299 third-country nationals to Panama after they crossed the US-Mexico border, most of whom were seeking asylum, following the inauguration of President Donald Trump on January 20, 2025. Many of these people had fled persecution due to ethnicity, religion, gender, sexual orientation, family ties, and political views. “Nobody Cared, Nobody Listened”: The US Expulsion of Third-Country Nationals to Panama documents this abusive mass expulsion, exposing the harsh detention conditions and mistreatment in the United States, beyond being denied due process and the right to seek asylum there. It also details their incommunicado detention in Panama, where authorities confiscated their phones, blocked visitors, and isolated them from the outside world. Of the 299 expelled, 179 were later returned to their home countries under the International Organization for Migration’s “assisted voluntary return” program—though the conditions of their confinement and the limited options they were given raise serious doubts about the voluntariness of those returns. The United States should allow those wrongfully removed to return and seek asylum in accordance with its international legal obligations. It should stop violating the principle of nonrefoulement by processing asylum claims of those arriving at the US border, rather than outsourcing responsibility to countries with far less capacity to examine asylum claims or to provide protection to those needing it. Panama should ensure that those it agreed to take can fairly access asylum and avoid complicity in US abuses

New York: Human Rights Watch, 2025. 45p.