Report and Recommendations - Scottish Government

privilege against self-incrimination and, post Salduz, the right of access to alawyer prior to police questioning in detention. Adding to the complexity,other rights may be express, such as the right under Article 5 to be brought“promptly” before a court, but those have been interpreted by the Court in ahighly flexible fashion.Article 5 – The Right to Liberty3.0.5 Article 5 states:“1. Everyone has the right to liberty and security of person. No oneshall be deprived of his liberty save in the following cases and inaccordance with a procedure prescribed by law:…the lawful arrest or detention of a person effected for the purpose ofbringing him before the competent legal authority on reasonablesuspicion of having committed an offence…;Everyone who is arrested shall be informed promptly, in a languagewhich he understands, of the reasons for his arrest and of any chargeagainst him.Everyone arrested or detained in accordance with the provisions ofparagraph 1(c) of this Article shall be brought promptly before a judgeor other officer authorised by law to exercise judicial power and shallbe entitled to trial within a reasonable time or to release pending trial.Release may be conditioned by guarantees to appear for trial”.3.0.6 The unnecessary or disproportionate deprivation of a person’s liberty is aserious infringement of his/her human rights. The circumstances in which anyarrest or detention can be tolerated as legitimate must be tightly constrained.It is a fact, however, that any criminal justice system must be able to deprive aperson of his/her liberty as part of the lawful protection of the rights of others51