280. Detention and restraint.

For the purposes of Article 51 'detention' does not necessarily require physical constraint2, and whether a person is in locked or open conditions will not be determinative as to the existence or non-existence of a deprivation of liberty3. Similarly, detention may occur even where a person is held within a relatively large area4, or for a short period of time5, or where he has originally surrendered to detention6.

While a subjective public interest motive underlying a restraint generally has no bearing on whether a deprivation of liberty arises