EUROPEAN CONVENTION ON HUMAN RIGHTS ARTICLE 5

European Convention on Human Rights Article 5

EUROPEAN CONVENTION ON HUMAN RIGHTS ARTICLE 5

The European Convention on Human Rights, also called, “ECHR,” is a worldwide accord to defend human rights and essential liberty in Europe. This accord was prepared in the year 1950 by the Council of Europe; the accord came into existence on 3 September 1953.

The Article 5 of the ECHR provides every person the right to freedom and safety. Freedom and safety of a human are taken as a "composite" idea, and the council has not left these concepts for independent interpretation by the courts.

This article has five major points, which deal with the concept of liberty of a person. I will point out these points in a summarized way.

The first point says that every human has the right to live in freedom and has the right to ensure his security. This article says that no one shall be deprived of his liberty. This article allows the arrest of a person in the case when the court has ordered the detention of a person due to some reason e.g. breaking the law, a threat to the community or a minor who has broken the law.

Then this law also makes it compulsory for the police to inform the person, who has been arrested in a clear, comprehendible way. The person should also be informed about the reason that has lead to his arrest.

Every person, who has been arrested or detained in accordance with the provisions of this article, must be brought on time before a judge or other officer, who has been authorized by law to exercise judicial power, and should be at liberty to go through a fair examination within a sensible amount of time or to release awaiting examination. The release ...