a positive or a negative obligation since it is of the view that the core issue is whether a fair balance was struck between the competing public and private interests involved.
86. As noted above, at the material time the applicant was the only parent and legal guardian of his son. At the time of their separation K. was barely ten months old, an age which is both vulnerable and formative for a child. The applicant's and his son's interests obviously consisted in remaining, to the maximum extent possible, in physical proximity and contact or, failing this, to be reunited as soon as practicable.
87. The Government put forward the interests of national security as the only justification for the course of action they had adopted. The Court has already found above that they failed to produce any material or evidence corroborating their claim that the applicant's presence on Russian soil had indeed posed a threat to national security. It follows that the Government did not offer any justification which could outweigh the legitimate interest of the applicant and his son in staying together.
88. Furthermore, the Court reiterates that the State has a positive obligation to ensure the effective protection of children (see L.C.B. v. the United Kingdom, 9 June 1998, § 36, Reports 1998-III; Osman v. the United Kingdom, 28 October 1998, §§ 115 - 116, Reports 1998-VIII; and Z and Others v. the United Kingdom [GC], No. 29392/95, § 73, ECHR 2001-V). The Russian authorities did not deny that they were aware of the applicant's situation as a single parent. Nor were they oblivious to the fact that his exclusion from Russia would result in his separation from K., who had been born in and had previously never left Russia, a situation which required complex paperwork for his departure. However, despite being aware of these factors, the authorities concealed the existence of the decision from the applicant, thereby depriving him of an opportunity to take measures to prepare for K.'s departure, and also took no measures facilitating K.'s exit from Russia and their reunion in any other country. The manifest absence of an assessment of the impact of their decisions and actions on the welfare of the applicant's son must be seen as falling outside any acceptable margin of appreciation of the State.
89. There has therefore been a violation of Article 8 of the Convention in respect of the applicant and his son.
V. Alleged violation of Article 5 of the Convention
90. The applicant complained that he had been detained at Sheremetyevo Airport in Moscow in breach of the guarantees of Article 5 of the Convention, which provides:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(f) 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.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
...
4. 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.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation."
A. Submissions by the parties
91. The applicant invited the Court to take account of his concrete situation when examining whether or not he had been deprived of his liberty. He poi
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