CDL-AD(2006)009 - 12 - against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and at the European level, in primis the European Convention on Human Rights, but also the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment). 48. With respect to the matters which form the object of the present opinion, the fundamental rights which are at issue are primarily the right to liberty and security of person and the ban on torture and other inhuman or degrading treatments or punishments. i) Liberty and security of person 49. Article 5 ECHR protects the right to liberty and security of person. Although this right is not absolute (see the authorized deprivations of liberty under paragraph 1 a) to f) of Article 5), a person may only be detained on the basis of and according to procedures set out by the law, and the law in question must be consistent with recognised European standards, that is inter alia with the (other) provisions of the ECHR. In addition, paragraph 4 of Article 5 provides for all forms of deprivation of liberty allowed under that article, that the detainee “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” (habeas corpus). 50. Detention must be lawful and in accordance with a procedure prescribed by law: in the European Court of Human Rights’ view, the requirement of lawfulness means that both domestic law and the ECHR must be respected. The possible reasons for detention are exhaustively enumerated in Article 5 (1) ECHR. Paragraph 1 (c ) of Article 5 permits “the lawful arrest or detention of a person effected for the purpose of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so”, while paragraph (f) of Article 5 permits “the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.” A detention for any reason other than those listed in Article 5 § 1 is unlawful and thus a violation of a human right. 51. As regards extradition arrangements between States, when one is a party to the ECHR and the other is not, the rules established by an extradition treaty or, in the absence of any such treaty, the cooperation between the States concerned are also relevant factors to be taken into account for determining whether the arrest was lawful. The fact that a person has been handed over as a result of cooperation between States does not in itself make the arrest unlawful or give rise to an issue under Article 5. However, for the member States of the Council of Europe the provisions of the extradition treaty or the practice of cooperation cannot justify any deviation of their obligations under the ECHR; for those States the decisive factor is whether the extradition is according to domestic law and respects the State’s obligations under the ECHR. 52. The ECHR contains no provisions concerning the exact circumstances in which extradition may be granted, or the procedure to be followed before extradition may be granted. Subject to its being the result of cooperation between the States concerned and provided that the legal basis for the order for the suspect’s arrest is an arrest warrant issued by the authorities of the suspect's State of origin, even an atypical extradition cannot as such be regarded as being contrary to the ECHR20. This being said, it has also to be stressed that several rights and freedoms protected by 20 European Court of Human Rights, Öcalan v. Turkey judgment [GC] of 12 May 2005.