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 non-compliance 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 reasonabel 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.
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.
Uitleg in duidelijke taal
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:
This means that every individual is entitled to freedom and personal safety. A person cannot be deprived of their freedom except under specific circumstances listed below and by following a legally established procedure.
(a) the lawful detention of a person after conviction by a competent court;
This refers to the legal imprisonment of an individual after a competent court has found them guilty of a crime.
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
This covers the legal arrest or imprisonment of an individual for failing to obey a court's legal order, or to ensure they meet a legal requirement.
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonabel 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;
This describes the legal arrest or imprisonment of an individual to bring them before the appropriate legal authority if there is a reasonable suspicion they have committed an offence, or when it is reasonably considered necessary to prevent them from 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;
This refers to the legal imprisonment of a young person (a minor) based on a lawful order, either for educational supervision or to bring them before the appropriate 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;
This allows for the legal imprisonment of individuals to stop infectious diseases from spreading, or of persons who are of unsound mind, alcoholics, 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.
This covers the legal arrest or imprisonment of an individual to prevent them from making 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.
This means that any person who is arrested must be told quickly, and in a language they can understand, why they are being arrested and what accusations are being made against them.
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.
This states that any person arrested or imprisoned in accordance with the provisions of paragraph 1(c) of this Article must be quickly brought before a judge or other officer authorised by law to exercise judicial power. Such a person 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.
This means that any person who is deprived of their liberty by arrest or detention has the right to take legal proceedings. By these proceedings, the lawfulness of their detention shall be decided speedily by a court, and their release shall be 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.
This states that any person who has been the victim of arrest or detention that goes against the provisions of this Article shall have an enforceable right to compensation.