Legalitatea privarii de libertate a persoanei arestate sau retinute, în lumina jurisprudentei Curtii Europene a Drepturilor Omului
Legality of Liberty Deprivation of Arrested or Detained Person, in the Light of the Jurisprudence of the European Court of Human Rights

Summary/Abstract: The right to “liberty and security” is a unique right, as the expression has to be read as a whole. „Security of a person” must be understood in the context of physical liberty and it cannot be interpreted as referring to different matters (such as a duty on the state to give someone personal protection from an attack by others, or the right to social security). As with all articles of the European Convention, the European Court has interpreted every provision of article 5 in a purposeful and dynamic manner, inevitably taking one beyond the literal terms of the text of the Convention in determining what particular provisions entail. The aim of the Convention is to secure real rights for individuals, which means that the rights should be ones with a substantive content and not simply affording a mere formal guarantee.

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