More about the Right to Liberty and Security

Section 94 of the Constitution of the Republic of Latvia
Article 9 of the UN International Covenant on Civil and Political Rights
Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

The right of individual to liberty in the wider sense includes, for example, freedom to select movement of an individual, and security includes freedom from interference with the personal integrity of individual on part of the State or other subjects.

The right to liberty and personal security inviolability is not absolute; it is subject to restriction in the manner and amount prescribed by law. In Latvia, for example, it is regulated by the procedure prescribed in the Administrative Offence Code, Criminal Procedure Law and other regulatory acts.

Guaranty of liberty of an individual as stipulated in Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 9 of the International Covenant on Civil and Political Rights includes the right of individual to physical movement. The above-stated articles, however, guarantee liberty from placement of an individual into detention facilities of different kinds, rather than freedom of movement in general.

Deprival of liberty is only justified in the cases and manner prescribed by law, and deprival of liberty is subject to the statutory procedure and other regulations. It has to be grounded, and it may not be arbitrary. The right to liberty also includes the stipulation that no individual may be kept in prison without judicial sentence, without appropriate substantiation. The State has positive duty to take all efforts to ensure that an individual is subject to trial within reasonable limits of time.