Auszug aus EGMR, 07.06.2011 - 26814/09

The Court confines itself to noting that Article 5 is concerned with setting out conditions and guarantees relevant to deprivation of liberty in the sense of personal freedom; the expression "security of person" is to be understood as encompassing protection against arbitrary treatment in that context (see Bozano v. France, 18 December 1986, § 54, Series A no. 111; and Kurt v. Turkey, 25 May 1998, §§ 123 and 129, Reports of Judgments and Decisions 1998-III).

Auszug aus EGMR, 07.06.2011 - 26814/09

The distribution of the burden of proof being intrinsically linked to the specificity of the facts, the nature of the allegation made and the Convention right at stake (see, among other authorities, Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 147, ECHR 2005-VII, and Giuliani and Gaggio v. Italy [GC], cited above, § 182), the Court finds it appropriate on this occasion to base its examination of the case on the factual information which it gleans from the official documents submitted, qualified as necessary by the applicant's submissions (see Romijn v. the Netherlands (dec.), no. 62006/00, 3 March 2005).

Auszug aus EGMR, 07.06.2011 - 26814/09

The distribution of the burden of proof being intrinsically linked to the specificity of the facts, the nature of the allegation made and the Convention right at stake (see, among other authorities, Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 147, ECHR 2005-VII, and Giuliani and Gaggio v. Italy [GC], cited above, § 182), the Court finds it appropriate on this occasion to base its examination of the case on the factual information which it gleans from the official documents submitted, qualified as necessary by the applicant's submissions (see Romijn v. the Netherlands (dec.), no. 62006/00, 3 March 2005).