European Convention on Human Rights

ECHR - Article 5: Liberty and security

Article 5 – liberty and security

Main article: Article 5 of the European Convention on Human Rights

Article 5 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 provides the right to liberty, subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides those arrested with the right to be informed, in a language they understand, of the reasons for the arrest and any charge they face, the right of prompt access to judicial proceedings to determine the legality of the arrest or detention, 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.

· Assanidze v. Georgia, App. No. 71503/01 (Eur. Ct. H.R. 8 April 2004)