295. Right to challenge lawfulness of detention.

Everyone who is deprived of his liberty by arrest or detention1 is entitled to take proceedings2 by which the lawfulness3 of his detention is decided speedily by a court and his release ordered if his detention is not lawful4. This is a free-standing right such that a breach may be found even where the detention is lawful5: its safeguards apply to any deprivation of liberty for which the state is responsible, including where a detainee has absconded or been given probationary leave since he may be recalled at any time against his will