COUNCIL OF EUROPE-Part 02
6/18/2012
Summary:COUNCIL OF EUROPE-Part 02
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ARTICLE 5
- 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 of reasonable suspicion of having committed and
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 unauthorized entry into
the country or of a person against whom action is being taken with a view
to deportation or extradition.
- Everyone who is arrested shall
be informed promptly, in a language which he understands, of the reasons
for his arrest and the charge against him.
- 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 authorized 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.
- 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.
- 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.
ARTICLE 6
- In the determination of his
civil rights and obligations or of any criminal charge against him,
everyone is entitled to a fair and public hearing within a reasonable time
by an independent and impartial tribunal established by law. Judgement
shall be pronounced publicly by the press and public may be excluded from
all or part of the trial in the interest of morals, public order or
national security in a democratic society, where the interests of
juveniles or the protection of the private life of the parties so require,
or the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice.
- Everyone charged with a
criminal offence shall be presumed innocent until proved guilty according
to law.
- Everyone charged with a
criminal offence has the following minimum rights:
- (a) to be informed promptly,
in a language which he understands and in detail, of the nature and cause
of the accusation against him;
- (b) to have adequate time and
the facilities for the preparation of his defence;
- (c) to defend himself in
person or through legal assistance of his own choosing or, if he has not
sufficient means to pay for legal assistance, to be given it free when
the interests of justice so require;
- (d) to examine or have
examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as
witnesses against him;
- (e) to have the free
assistance of an interpreter if he cannot understand or speak the
language used in court.
ARTICLE 7
- No one shall be held guilty of
any criminal offence on account of any act or omission which did not
constitute a criminal offence under national or international law at the
time when it was committed. Nor shall a heavier penalty be imposed than
the one that was applicable at the time the criminal offence was
committed.
- This article shall not
prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according the
general principles of law recognized by civilized nations.
ARTICLE 8
- Everyone has the right to
respect for his private and family life, his home and his correspondence.
- There shall be no interference
by a public authority with the exercise of this right except such as is in
accordance with the law and is necessary in a democratic society in the
interests of national security, public safety or the economic well-being
of the country, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the rights and
freedoms of others.
ARTICLE 9
- Everyone has the right to
freedom of thought, conscience and religion; this right includes freedom
to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion
or belief, in worship, teaching, practice and observance.
- Freedom to manifest one's
religion or beliefs shall be subject only to such limitations as are
prescribed by law and are necessary in a democratic society in the interests
of public safety, for the protection of public order, health or morals, or
the protection of the rights and freedoms of others.