DISSENTING OPINION OF JUDGE EVRIGENIS

(Translation)

To my great regret I have been unable to agree with the majority of the Chamber as regards point no. 3 of the operative provisions of the judgment. The right of an individual deprived of his liberty to be informed promptly, pursuant to paragraph 2 of Article 5 (art. 5-2), of the reasons for his being taken into custody constitutes a safeguard of personal liberty whose importance in any system which is democratic and founded on the rule of law cannot be underestimated. Quite apart from enabling the person detained to make proper preparations for bringing legal proceedings in accordance with paragraph 4 of Article 5 (art. 5-4), it is the embodiment of a kind of legitimate confidence in the relations between the individual and the public powers. In other words, what is guaranteed is a right that is autonomous and not auxiliary to the one provided for under paragraph 4 of Article 5 (5-4). The merits of the complaint under paragraph 2 of Article 5 (art. 5-2) should therefore be examined.