26
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
under the control of the French special forces and confined to their cabins
during the voyage. True, the Government maintained that during the voyage
the restrictions were relaxed. In the Court’s view that does not alter the fact
that the applicants were deprived of their liberty throughout the voyage as
the ship’s course was imposed by the French forces.
75. Accordingly, the Court concludes that the applicants’ situation on
board the Winner after it was boarded, because of the restrictions endured,
amounted in practice to a deprivation of liberty, and that Article 5 § 1
applies to their case.
3. Article 5 § 1 of the Convention
(a) The general principles
76. The Court reiterates that Article 5 of the Convention protects the
right to liberty and security. This right is of the highest importance “in a
democratic society” within the meaning of the Convention (see, among
many other authorities, De Wilde, Ooms and Versyp v. Belgium, 18 June
1971, § 65, Series A no. 12, and Winterwerp v. the Netherlands, 24 October
1979, § 37, Series A no. 33).
77. All persons are entitled to the protection of this right, that is to say,
not to be deprived, or continue to be deprived, of their liberty (see Weeks
v. the United Kingdom, 2 March 1987, § 40, Series A no. 114), save in
accordance with the conditions specified in paragraph 1 of Article 5.
78. The list of exceptions to the right to liberty secured in Article 5 § 1 is
an exhaustive one (see Quinn v. France, 22 March 1995, § 42, Series A
no. 311, and Labita v. Italy [GC], no. 26772/95, § 170, ECHR 2000-IV),
and only a narrow interpretation of those exceptions is consistent with the
aim of that provision (see Engel and Others v. the Netherlands, 8 June
1976, § 58, Series A no. 22, and Amuur, cited above, § 42).
79. The Court further reiterates that where the “lawfulness” of detention
is in issue, including the question whether “a procedure prescribed by law”
has been followed, the Convention refers essentially to national law but
also, where appropriate, to other applicable legal standards, including those
which have their source in international law. In all cases it establishes the
obligation to conform to the substantive and procedural rules of the laws
concerned, but it also requires that any deprivation of liberty be compatible
with the purpose of Article 5, namely, to protect the individual from
arbitrariness (see, among many other authorities, Bozano v. France,
18 December 1986, § 54, Series A no. 111; Amuur, cited above, § 50;
Assanidze v. Georgia [GC], no. 71503/01, § 171, ECHR 2004-II; Ilaşcu and
Others, cited above, § 461; McKay v. the United Kingdom [GC], no. 543/03,
§ 30, ECHR 2006-X; and Mooren, cited above, § 76).
80. The Court stresses that where deprivation of liberty is concerned it is
particularly important that the general principle of legal certainty be