Right to liberty and security

Article 5: Any person arrested has the right to know why; they must be judged promptly or be released pending trial.

Article 5 of the Convention provides a means of checking the lawfulness of a person’s detention and, consequently, of protecting people against arbitrary arrest and detention.

The States are also under obligation to provide a number of procedural guarantees for detainees; any person arrested must be informed as soon as possible of the reasons for their arrest, among other things, and they must also be promptly brought before a judge or released pending trial. Furthermore, any individual who is the victim of an arrest or detention contravening the rights guaranteed by Article 5 is entitled to compensation.

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