VIII. The Right to Liberty and Protection
from Arbitrary Detention
Relevant international standards:
UDHR: Article 3:
Everyone has the right to life, liberty and security of person.
Article 9:
No one shall be subjected to arbitrary arrest, detention or exile.
ICCPR Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds
and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest
and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge
or other officer authorized by law to exercise judicial power and shall be entitled to trial within
a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall
be detained in custody, but release may be subject to guarantees to appear for trial, at any
other stage of the judicial proceedings, and, should occasion arise, for execution of the
judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the lawfulness
of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.
2.(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their status as unconvicted
persons;
(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible
for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which
shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated
from adults and be accorded treatment appropriate to their age and legal status.
Arab Charter: Article 14
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest, search or detention without a legal warrant.
2. No one shall be deprived of-his liberty except on such grounds and in such circumstances
as are determined by law and in accordance with such procedure as is established thereby.
81
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents