ARTICLE 5
Right to liberty and security
1. 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:
(a) the lawful detention of a person after conviction by a
competent court;
(b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to
secure the fulfilment of any obligation prescribed by law;
(c) 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;
(d) 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;
(e) 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;
(f) 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 or extradition.
2. 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.
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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
his detention shall be decided speedily by a court and his 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.
ARTICLE 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of
any criminal charge against him, everyone is entitled to a fair
and public hearing within a reasonable time by an independent
and impartial tribunal established by law. Judgment shall be
pronounced publicly but the press and public may be excluded
from all or part of the trial in the interests of morals, public order
or national security in a democratic society, where the interests
of juveniles or the protection of the private life of the parties so
require, or to the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice the
interests of justice.
2. Everyone charged with a criminal offence shall be presumed
innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following
minimum rights:
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