Practice Relating to Rule 99. Deprivation of Liberty
In 1969, in the context of derogation under Article 15 of the 1950 European Convention on Human Rights, Greece informed the Secretary-General of the Council of Europe that it was beginning to restore application of the Constitution. The Constitution considered personal liberty to be inviolable, so that no one should be arrested or detained without a guarantee of constitutional forms and procedures. However, Greece added that this did not apply to persons charged with crimes against public order, who could be arrested without formalities if necessary.
In 2004, in its initial report to the Human Rights Committee, Greece stated:
According to article 20 (1) of the Greek Constitution “every person shall be entitled to receive legal protection by the courts […]”. This right is understood to encompass the right to control by a court of the legality of the detention, irrespective of whether there is a detention pending trial, or any other kind of detention.