Substantive issues Arbitrary detention right to take proceedings before court to challenge lawfulness of detention

Subject matter Right to self determination of former British Southern Cameroon Arbitrary detention of separatist leader Conditions of detention Denial of right to vote in elections

(d) Detention the extent to which the HRsL obligations relating to detention, such as the right to habeas corpus and the right to counsel, are applicable to the circumstances of detention under LOAC IHL

Substantive issues Liberty and security of person Right to be informed of reasons for arrest Right to be brought promptly before a judge Challenge of lawfulness of detention Compensation for unlawful arrest or detention Right to a fair trial Liberty of movement Freedom of speech

The Commission takes into account that controls for detention procedures and the right of habeas corpus exist in Colombia.

The extended detention of dozens of individuals in Guantanamo without charge and without trial is a basic abrogation of this right.

Obama s decisions to ban enhanced interrogation and end secret detention are important steps in the right direction.

Right to liberty and security of persons safeguards against arbitrary arrest and detention recognition as a person before the law.

Under article 221 of the Code of Criminal Procedure, the detainee had the right to appeal his detention before a court within 24 hours he had the right to be present in court if he so desired and the court had three days to review his detention and any extension.

The source argues that the detention of Mr. Liu is arbitrary because it results from the exercise of his right to freedom of conscience and religion and his right to freedom of expression.

The Supreme Court held by majority that US law confers upon Guantanamo detainees the right to challenge their detention by means of habeas corpus.

Detention

(c) To respect and promote the right of anyone who is deprived of his her liberty by arrest or detention to be entitled to bring proceedings before a court, in order that the court may decide without delay on the lawfulness of his her detention and order his her release if the detention is not lawful, in accordance with their international obligations

Approximately 79 per cent of the overall cost for detention services relates to detention guards.

It wishes to receive statistical data, disaggregated by nationality and length of detention, relating to persons held under such detention, including in offshore detention centres.

America, by contrast, has witnessed a massive assault on those rights, including that of habeas corpus the right to challenge one s detention before an independent judge.

There is ample evidence that the statutory limits on length of detention and other fundamental safeguards such as the right to legal representation are seldom applied.

There is continued concern about the situation of women in detention and the issue of illegal detention.

Illegal detention

Preventative Detention

Arbitrary detention

Arbitrary detention

Several cases brought to the Chamber concerned illegal detention, misuse of authorizations by police and other authorities, violation of rights to a fair trial, while considerably fewer cases related to violation of the right to freedom and the right to religion.

(j) At the poor conditions of detention and long pre trial detention periods of up to three years

What was the maximum length of time a person could be held in pre trial detention without being able to communicate with anyone outside the detention facility? The delegation had informed the Committee that when pre trial detention was extended, it became court detention rather than police detention.

The individual's right not to be forced to testify against himself also includes the right to remain silent while in detention and during questioning, regardless of whether or not the information sought would implicate him in a crime.

(ii) Ensuring the right to liberty and security of person, the right to equal access to justice, and the right to be brought promptly before a judge or other officer authorized by law to exercise judicial power in the case of detention with a view to avoiding arbitrary arrest

Women who are under temporary detention and violate regulations of the detention center and thus are subject to punishment of isolated detention in a separate room will not be fettered like men.

The source argues that Ms. Qiu's detention results from the exercise of her right to freedom of thought, conscience and religion, protected by article 18 of the Universal Declaration of Human Rights, and of her right to freedom of expression, protected by article 19.

B. Pretrial detention

Arbitrary detention 114

2005 Arbitrary detention

5.6 As to the author's uncontested claim that he did not have access to a lawyer during his initial period of detention, and that during both periods of detention, he was not informed of his right to legal assistance, the Committee finds a violation of article 14, paragraph 3 (d), of the Covenant.

(e) The date and time of admission to the place of detention and the authority responsible for the place of detention

(d) To ensure that the right referred to in subparagraph (c) above is equally respected in cases of administrative detention, including administrative detentions in relation to public security legislation

(d) To ensure that the right referred to in subparagraph (c) above is equally respected in cases of administrative detention, including administrative detentions in relation to public security legislation

7.7 In relation to the alleged violation of the right to be free from arbitrary arrest and detention, it is uncontested that the author was arrested without a warrant.

Mr. BOBOHONOV (Tajikistan), replying to question 16, said article 18 of the Constitution guaranteed all individuals the right to life and the inviolability of their person, while article 19 guaranteed the right to a fair trial, legal representation and protection against arbitrary detention.

The independent expert was informed of the persistence of torture and arbitrary detention, particularly in military installations or illegal detention centres.

(j) Improve conditions in places of detention, ensuring that they conform to international minimum standards, adopt necessary measures to reduce the pre trial detention period and continue to address overcrowding in places of detention

Conditions of detention continued to be appalling.

Complaints regarding detention of individuals are filed

Baseless detention of humanitarian workers is unacceptable.

3. Also urges States to ensure, in particular, that no one within their jurisdiction is, because of their religion or belief, deprived of the right to life or the right to liberty and security of person or subjected to torture or arbitrary arrest or detention

The Committee noted Israel's frequent use of administrative detention entailing restrictions on access to counsel and to disclosure of reasons for detention.