ARTICLE 5(1) of the CONVENTION ARBITRARY DETENTION

ARTICLE 5(1) of the CONVENTION

ARBITRARY DETENTION

Article 5(1) of the Convention:

"Everyone has the right to liberty and security." No person shall be deprived of his liberty, except in the following cases and legal:

a / if it is regularly held after conviction by a competent court;

b / if it was the subject of an arrest or detention regular for disobedience to an order made under the Act, by a court or in order to guarantee the performance of an obligation prescribed by law;

c / if he was arrested and detained to be brought before the competent judicial authority, when there are plausible to suspect that he committed an offence or that there are reasonable grounds to believe that the need to prevent him from committing an offence or fleeing after the fulfilment thereof;

d / if it comes to the detention of a minor, decided for his reformatory or detention regular, to translate it before the competent authority;

e / if it comes to the detention of a person capable of spreading a communicable disease, an insane man, an alcoholic, a drug addict or a vagabond;

"f / whether the arrest or the detention of a person to prevent him from improperly entering the territory or against whom a deportation or extradition procedure is in progress"

Here you will find:

-Freedom is the rule, the detention the exception

-The detention is possible only if it is consistent with domestic law

-Detention is possible only if a less severe measure has been previously discussed

-The detention of security is consistent with the Convention

-The national Act on detention must conform to section 5 of the Convention

-Psychiatric confinement is subject to section 5 of the Convention

-The case law of the ECHR against the French-speaking States