J. G. Merrills
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The rights guaranteed II
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The European Convention, which protects the right to life in Article 2, deals with liberty and security of person in Article 5. To decide whether someone has been deprived of his rights under Article 5(1) it is necessary to begin by establishing that he has been 'deprived of his liberty'. Article 5(2) requires a person to be informed about the reasons for an arrest and is intended to enable someone who is arrested to admit or deny the alleged offence and make effective use of the judicial safeguards of Articles 5(3) and 5(4). Article 5(4) provides that when a person is deprived of his liberty by arrest or detention he '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'.

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Human rights in Europe

A study of the European Convention on Human Rights, Fourth edition

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