Alinea 102 Gerechtshof Amsterdam 19 juni 2025

“139. The Court reiterates firstly that Article 5 of the Convention guarantees a right of primary importance in a “democratic society” within the meaning of the Convention – namely, the fundamental right to liberty and security (see Selahattin Demirtaş, cited above, § 311). In proclaiming the “right to liberty”, paragraph 1 of Article 5 concerns itself with the physical liberty of the person; its aim is to ensure that no one should be deprived of that liberty in an arbitrary fashion. It is not concerned with mere restrictions on the liberty of movement; such restrictions are governed by Article 2 of Protocol No. 4 (see Creangă v. Romania [GC], no. 29226/03, § 84, 23 February 2012, and Friedrich and Others v. Poland, nos. 25344/20 and 17 others, § 149, 20 June 2024). The difference between deprivation of and restrictions upon liberty is one of degree or intensity, and not of nature or substance (see Austin and Others v. the United Kingdom [GC], nos. 39692/09 and 2 others, § 57, ECHR 2012; Khlaifia and Others v. Italy [GC], no. 16483/12, § 64, 15 December 2016; and De Tommaso v. Italy [GC], no. 43395/09, § 80, ECHR 2017 (extracts) and the cases cited therein).

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