Article 5 of the European Convention on Human Rights

Article 5 of the European Convention on Human Rights (Art.5 ECHR for short) provides that everyone has the right to liberty and security of person. Liberty and security of the person are taken as a "compound" concept - security of the person has not been subject to separate interpretation by the Court.

Article 5 – Right to liberty and security

1. Everyone has the right to liberty and security of person. No one shall be deprived of her/his liberty save in the following cases and in accordance with a procedure prescribed by law:
   1. the lawful detention of a person after conviction by a competent court;
   2. the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfillment of any obligation prescribed by law;
   3. the lawful arrest or detention of a person effected for the purpose of bringing her/him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent her/his committing an offence or fleeing after having done so;
   4. the detention of a minor by lawful order for the purpose of educational supervision or her lawful detention for the purpose of bringing her/him before the competent legal authority;
   5. 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;
   6. the lawful arrest or detention of a person to prevent her/his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which she understands, of the reasons for her arrest and of any charge against her.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c 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.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of her detention shall be decided speedily by a court and her release ordered if the detention is not lawful.
5. 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.

History

Article 5 provides the right to liberty and security, subject only to lawful arrest or detention under certain other circumstances, such as arrest on suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides the right to be informed in a language one understands of the reasons for the arrest and any charge against them, the right of prompt access to judicial proceedings to determine the legality of one's arrest or detention and to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article.

• Magna Carta
• Habeas Corpus Act 1679
• Entick v. Carrington
• Fifth Amendment to the United States Constitution

Case law

• HL v. UK. 2004 - App no 45508/99; 40 EHRR 761
•  Assanidze v. Georgia, App. No. 71503/01 (Eur. Ct. H.R. Apr. 8, 2004)

See also

• European Convention on Human Rights

External links

• A guide to the implementation of Article 5 of the European Convention on Human Rights (PDF)
• Guide on Article 5. Right to liberty and security under 

This page was last edited on 11 May 2023, at 22:17