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Avocat Strasbourg

Right to liberty and security

    1. Everyone has the right to liberty and security. No one can  be deprived of his liberty, except in the following cases and according to the ways  legal:

(a) if he is lawfully detained after conviction by a  court of competent jurisdiction ;

(b) if he has been arrested or detained  for non-compliance with an order made,  in accordance with the law, by a court or for the purpose of  secure the performance of an obligation prescribed by law;

(c) if he has been arrested and detained with a view to being brought before  the competent judicial authority, when there are reasons  reasonable grounds to suspect that he has committed an offense or  that there are reasonable grounds to believe in the necessity  to prevent him from committing an offense or fleeing  after the completion thereof;

d) in the case of the lawful detention of a minor, decided  for his supervised education or his lawful detention,  in order to bring him before the competent authority;

e) if it concerns the lawful detention of a person  likely to spread a contagious disease,  of an insane person, an alcoholic, a drug addict or a  wanderer;

(f) whether it is lawful arrest or detention  of a person to prevent him from entering  

illegally in the territory, or against which a  deportation or extradition proceedings are in progress.

2. Anyone arrested must be informed, as soon as possible  deadline and in a language that he understands, of the reasons for his  arrest and any charges against him.

3. Any person arrested or detained, under the conditions  provided for in paragraph 1.c) of this article, must be immediately  brought before a judge or other magistrate empowered by the  law to hold judicial office and has the right to be tried  within a reasonable time, or released during the proceedings. The  release may be subject to a guarantee guaranteeing the  appearance of the person concerned at the hearing.

4. Any person deprived of his liberty by arrest or  detention has the right to appeal to a court, in order to  that he rule promptly on the legality of his detention and order  his release if the detention is unlawful.

5. Any person who is the victim of an arrest or detention  under conditions contrary to the provisions of this article a  right to compensation.    

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