CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE
ANNEX 1: TABLE OF CORE
PROTECTION ISSUES AND
POTENTIAL ACTIVITIES FOR
NHRIS AND UNCT SUPPORT
RIGHT
OR ISSUE
This table is based on an examination of key civil and
political rights in especially in a post-conflict, developing
country and/or in countries where core protection is an
ongoing issue of vital concern. It reviews the key core
protection issues and identifies potential areas in which
the NHRI can become involved. Please note that the areas
included are not exhaustive and may not be applicable in
all cases. Several areas may overlap.
UN INSTRUMENTS
SAFEGUARDS/LIMITS
AND VIOLATIONS
SAMPLE AREAS
OF UNCT SUPPORT
TO NHRIS
Art. 9(1) ICCPR
Everyone has the right to
liberty and security of person.
No one shall be subjected
to arbitrary arrest … No one
shall be deprived of his liberty
except on such grounds and
in accordance with such procedures as are established by law.
Safeguards:
Ensure that the NHRI understands its
responsibilities with regard to arrest
issues; provide advice them on possible activities/best practices.
ARREST
11
a rbitrary,
safeguards
for the right to
be free from
11
11
11
11
Arrest with warrant is general rule.
Magistrate or other judicial officer
should be notified of arrests
without warrant.
Due presentation of person before
justice official within a short
time period.
Limits on police custody of persons
arrested without warrant.
Provide the necessary technical
assistance, specialised training, expertise and material support to the NHRI
when they are undertaking activities
such as
11
11
11
11
a rbitrary,
derogations
from right to
be free from
Art. 4 ICCPR
Limits/Violations:
11
11
11
During states of emergency,
arrests may result in lengthy
preventive detentions.
Security forces arrest without
warrant or reasonable grounds, or
conduct mass arrests or round-ups.
Developing a database of persons
arrested under criminal laws and
emergency powers
establishing a 24/7 Hotline to
report disappearances, arrests/
emergency situations
communications to police or other
authorities to follow up on
reported cases
Support the NHRI’s position when it
issues advice to the government to
limit derogations, to bring extraordinary arrest and detention powers in
line with international standards and
to ensure that permitted derogations
are announced to the OHCHR.
Arrests are carried out on
grounds such as “national
security”, “terrorism”, or
“maintenance of public order”
without further specificity.
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