Application of the mainstream European Court jurisprudence, as illustrated in Kafkaris , Harkins and Edwards and [Babar] Ahmad , may be thought preferable for those parts of the world governed by the rule

suffices that the facts of the case fall “within the ambit” of another substantive provision of the Convention or its Protocols (see Clift v. the United Kingdom , no. 7205/07, § 41, 13   July 2010; Kafkaris

conditions may on its own lead to a finding of a violation of Article 5 § 1, regardless of whether the children were accompanied by an adult or not (see, for instance,   Mubilanzila Mayeka and Kaniki

exceptions to the right to liberty secured in Article 5 § 1 is an exhaustive one and only a narrow interpretation of those exceptions is consistent with the aim of that provision ( Mubilanzila Mayeka and Kaniki

2   March 1987, § 42, Series A no. 114; Stafford v. the United Kingdom [GC], no. 46295/99, § 64, ECHR 2002 ‑ IV; Waite v. the United Kingdom , no. 53236/99, § 65, 10 December 2002; and Kafkaris

Malta , no. 17209/02, § 73, ECHR 2006 ‑ VIII; Kafkaris v. Cyprus [GC], no. 21906/04, § 161 in limine , ECHR 2008; and J.M. v. the United Kingdom , cited above, § 45 in fine ). 54.

France , 18   December 1986, § 54, Series A no. 111, and Kafkaris v. Cyprus [GC], no. 21906/04, § 116, 12 February 2008). 72.

On 20 February 2007 it issued a travel document for the applicant in the name of David Kandiri Wanjiku. 22 .

Both plots are located in the village of Kalauri in the Gurjaani region of Georgia. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     Regularisation procedures 1.

  the United Kingdom , no. 53236/99, § 65, 10 December 2002; and Kafkaris v.   Cyprus [GC], no. 21906/04, § 117, ECHR 2008 ‑ ...). ...” 67.

    On 4 February 2010 the Federal Attorney forwarded his written opinion to the Brussels Court of Appeal inviting it, in the light of the Court’s case-law, particularly Kafkaris v.

Article 5 § 1 (a) of the Convention, the Court's case-law indicates that it may be necessary to look beyond the appearances and the language used and concentrate on the realities of the situation (see Kafkaris

  the United Kingdom , no. 53236/99, § 65, 10 December 2002; and Kafkaris v

system of law, including criminal   law,   there will always be a need for elucidation of doubtful points and for adaptation to changing circumstances by means of judicial interpretation (see Kafkaris

Home Department (No. 2) [2015] 1 WLR 2975 the Divisional Court had declined to follow Trabelsi (cited above) since it considered that in that case the Court had ignored the basic principle set out in Kafkaris

circumstances, the subject-matter and the background to the case (see Ünal Tekeli , cited above, § 52), but the final decision as to observance of the Convention’s requirements rests with the Court (see Kafkaris

the purposes of sub ‑ paragraph (a) of Article 5 § 1, means that there must be a sufficient causal connection between the conviction and the deprivation of liberty at issue (see, inter alia , Kafkaris

The Court has, however, held that the imposition of a sentence of imprisonment may raise an issue under Article 3 if it is “grossly disproportionate” or if it is an irreducible life sentence (see Kafkaris

person’s deprivation of liberty are susceptible to change with the passage of time, the possibility of recourse to a body satisfying the requirements of Article 5 § 4 of the Convention is required (see Kafkaris