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Although it is not always necessary that the procedure under Article 5 § 4 be attended by the same guarantees as those required under Article 6 § 1 of the Convention for criminal or civil litigation, it must have a judicial character and provide guarantees appropriate to the kind of deprivation of liberty in question (see, among many other authorities, Reinprecht v. Austria, no. 67175/01, § 31, ECHR 2005-XII).

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In particular, the Court observes that these remedies were not aimed at and capable of redressing the applicant's situation in its essence, that is to say to bring about an end to his continued deprivation of liberty and rectification of the alleged shortcomings in the proceedings (see Weeks v. the United Kingdom, 2 March 1987, § 61, Series A no. 114; Pavletic v. Slovakia, cited above, § 69; and, mutatis mutandis, Smatana v. the Czech Republic, no. 18642/04, § 111, 27 September 2007).

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The proceedings must be adversarial and must always ensure "equality of arms" between the parties, the prosecutor and the detained person (see, among many other authorities, A. and Others v. the United Kingdom [GC], no. 3455/05, § 204, ECHR 2009-..., and Sanchez-Reisse v. Switzerland, 21 October 1986, § 51, Series A no. 107).