Where a person exercises his right to have the lawfulness of his detention reviewed1 the procedures followed must be of a judicial character, although their form may vary according to the type of case and deprivation of liberty2. The proceedings need not always be attended by the same guarantees required3 for civil or criminal proceedings but it is necessary for the basic requirements of a fair hearing to be met4 and, depending on the context, it may be necessary for the constituent Article 6 standards to be satisfied5. Proceedings must be adversarial, ensure equality of arms between the parties6
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