ill-treatment not amounting to torture will render the trial against the victim unfair irrespective of the seriousness of the offence allegedly committed, the weight attached to the evidence and the opportunities which the victim had to challenge its admission and use at his trial.”330 The European Regional System 2 2.2.5 Duty to train personnel and provide procedural safeguards Procedural safeguards regarding deprivation of liberty are guaranteed in Article 5 of the ECHR, which provides in part that every detention must be in accordance with a procedure prescribed by law,331 that everyone who is arrested must be informed promptly of the reasons for the arrest,332 that all arrestees and detainees must be brought promptly before a judge,333 and that: “Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.”334 Article 6(2) of the ECHR further provides that everyone shall be considered innocent until proven guilty, while the elements of a fair trial are laid out in Article 6(3), which provides: “Everyone charged with a criminal offence has the following minimum rights: a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; b. to have adequate time and facilities for the preparation of his defence; c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.” Ibid. §106. Article 5(1) ECHR. Article 5(2) ECHR. 333 Article 5(3) ECHR. 334 Article 5(4) ECHR. 330 331 332 70