278. Operative elements.

Article 51 contains two sets of safeguards: the first provides for an exhaustive list of grounds by which a deprivation of liberty may be justified2; the second confers procedural rights on any individual who has been deprived of his liberty and a right to compensation for any violation of the Article3. The essential purpose of Article 5, to provide protection from arbitrary detention4, has been frequently affirmed as fundamental to the scheme of the European Convention on Human Rights and to the values of a democratic society