European Human Rights and Fundamental Freedoms
Convention Article 5
Right to liberty and security
- Everyone has the right to liberty and security of person.
No one shall be deprived of his liberty save in the following
cases and in accordance with a procedure prescribed by law:
- the lawful detention of a person after conviction by a competent court;
- the lawful arrest or detention of a person for non-compliance with the lawful
order of a court or in order to secure the fulfilment of any obligation
prescribed by law;
- the lawful arrest or detention of a person effected for the
purpose of bringing him before the competent legal authority
on reasonable suspicion of having committed an offence or when
it is reasonably considered necessary to prevent his committing
an offence or fleeing after having done so;
- the detention of a minor by lawful order for the purpose
of educational supervision or his lawful detention for the purpose
of bringing him before the competent legal authority;
- the lawful detention of persons for the prevention of the
spreading of infectious diseases, of persons of unsound mind,
alcoholics or drug addicts or vagrants;
- the lawful arrest or detention of a person to prevent his
effecting an unauthorised entry into the country or of a person
against whom action is being taken with a view to deportation
- Everyone who is arrested shall be informed promptly, in a
language which he understands, of the reasons for his arrest
and of any charge against him.
- Everyone arrested or detained in accordance with the provisions
of paragraph 1c of this article shall be brought promptly before
a judge or other officer authorised by law to exercise judicial
power and shall be entitled to trial within a reasonable time
or to release pending trial. Release may be conditioned by guarantees
to appear for trial.
- Everyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings by which the lawfulness
of his detention shall be decided speedily by a court and his
release ordered if the detention is not lawful.
- Everyone who has been the victim of arrest or detention in
contravention of the provisions of this article shall have an
enforceable right to compensation.