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ARTICLE 5Right 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 noncompliance 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 reasonable 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.
The full list of Convention rights can be found at;
Can I clarify anything for you about this today please?
My son is in HMPAlbany. He has been in there 4 years Cat D. He cannot be made Cat C untill he does a certain Course at the Prison. So far they keep promising he will go on the course, to no avail. He only received a 6 year sentence. I am a widow of 73 years and fear I will be dead before he is ever released. He asked me to find our details of the question. Why I do not know. He is an enhanced prisoner and seems to be well thought of by the officers. I do not understand this world he now finds himself in. The prison seems to go out of its way to be difficullt regarding the prisoners and according to my son even the Guards themselves do not always understand.
He can try the Ombudsman
They are independent and offer a free service
Can I clarify anything for you?
I guess not otherwise you would have said a lot more.
Sadly I can only answer the question asked.
I have been able to provide Article 5 for you as requested
And if there is an issue with the Prison Service which needs investigating the Ombudsman is best placed to do that
The only other option is a Judicial Review which can be expensive and you cant do that until all appeals have been exhausted.
Does that help?
This is true, I guess I am just very upset. I will ask him about the appeals and perhaps a judicial review but I do not hold out much hope in this direction. Thank you for answering the question.
I understand totally.
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