Article 5: Right to liberty and security

Gerhard Kreutzer

Chapter 5 in The European Convention on Human Rights: Volume I, Substantive Rights, 2026, pp 148-224 from Edward Elgar Publishing

Abstract: Article 5: Right to liberty and security looks into the concept of “deprivation of liberty” and specific cases of deprivation of liberty authorised by the Convention. In addition, Chapter 5 provides an overview of the European Court of Human Rights’ case-law on permissible grounds for deprivation of liberty set out in Article 5(1)(a)–(f), such as detention after conviction by a court, detention for non-compliance with a court order or to secure the fulfilment of an obligation prescribed by law, the lawful arrest or detention for the purpose of bringing a person before the competent legal authority on reasonable suspicion of his having committed an offence or to prevent the commission of an offence or absconding following the commission of an offence, the detention of minors, the detention of persons of unsound mind or similar, and detention of a person in order to prevent him from unlawfully entering the territory, or against whom expulsion or extradition proceedings are pending. The chapter further explores jurisprudence pertaining to the right to be informed of the charges under Article 5(2) as well as the right to be brought before a judge and tried within a reasonable time or released (Article 5(3)).

Keywords: Right to Liberty; Right to Security; Deprivation of Liberty; Detention; Arrest; Habeas Corpus; Detention on Remand; Expulsion; Extradition (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035348961
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