41Lastly, it should be noted that the imposition of penal sanctions on third-country nationals to whom the return procedure has been applied and who are illegally staying in the territory of a Member State without there being any justified ground for non-return is subject to full observance of fundamental rights, particularly those guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 (judgment of 6 December 2011, Achughbabian, C‑329/11, EU:C:2011:807, paragraph 49). According to the case-law of the European Court of Human Rights, any law empowering a court to deprive a person of his or her liberty must be sufficiently accessible, precise and foreseeable in its application in order to avoid all risk of arbitrariness (ECtHR, 21 October 2013, Del Río Prada v. Spain, CE:ECHR:2013:1021JUD 004275009, § 125).
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