106. In accordance with international standards, detention must be authorized by a judicial authority, and those in detention should have unimpeded access to legal counsel and an enforceable right to challenge their detention. As the UN Human Rights Committee has pointed out, this applies to all persons deprived of their liberty by arrest or detention, regardless of whether the deprivation of liberty relates to a criminal case or whether it is imposed on other grounds such as mental illness, vagrancy, drug addiction, educational purposes or immigration control, among others.149 In general, participating States should make fuller use of alternative sanctions, and the use of detention for misdemeanour offenses should be discouraged. 107. Members of the armed forces who engage in activities for the defence of their own human rights or those of others should also enjoy basic safeguards against arbitrary detention.150 Members of the armed forces or law enforcement services charged with disciplinary or criminal offences in relation to human rights activities should be given a fair hearing and the opportunity to appeal to an independent body. They should not be arrested or detained without recourse to justice. 108. Human rights defenders found to be arbitrarily detained should be immediately and unconditionally released and should receive adequate reparation. Participating States should promptly and fully implement the judgements of international courts, namely the ECtHR, as well as the opinions of quasi-judicial bodies, such as the UN Working Group on Arbitrary Detention and the UN Human Rights Committee. 149  See UN Human Rights Committee, General Comment No.8, Article 9, “Right to Liberty and Security of Persons”, 30 June 1982, para. 1. The Human Rights Committee is currently elaborating a new General Comment on Article 9. According to the current draft, “[e]xamples of deprivations of liberty include police custody, remand detention, imprisonment after conviction, house arrest, involuntary hospitalization, and confinement to a restricted area of an airport, and also include being involuntarily transported.” See Draft General Comment No. 35, UN Doc. CCPR/C/107/R.3, 28 January 2013, para. 6. As set out in General Comment No. 8, the guarantees of Article 9 also apply to so-called preventive detention, see para. 4. 150  According to the Council of Europe Committee of Ministers Recommendation CM/Rec(2010)4, no member of the armed forces should be deprived of his or her liberty except in cases provided for under Article 5(1) of the ECHR and in accordance with a procedure prescribed by law. If arrested or detained, they should be informed promptly of the reasons for their arrest or detention, any charge against them, and their procedural rights. Furthermore, members of the armed forces who are deprived of their liberty should be entitled to take proceedings to have the lawfulness of their detention reviewed by a court. Disciplinary penalties or measures which amount to deprivation of liberty within the meaning of Article 5(1) should also comply with the requirements of this provision (Appendix to the Recommendation, paras. 22-27). Concerning disciplinary proceedings, the Recommendation affirms that military discipline should be characterized by fairness and that procedural guarantees should be secured; that only conduct likely to constitute a threat to military discipline, good order, safety or security may be defined as a disciplinary offence; and that members of the armed forces charged with disciplinary offences should be informed promptly, in detail, of the nature of the accusations against them; that they have the right to a fair hearing (where Article 6 of the ECHR on the right to a fair trial applies); and that they should also be given the opportunity to appeal to a higher and independent body (see paras. 17 and 21). Furthermore, in order to safeguard the independence and impartiality of judicial authorities acting in criminal proceedings against members of the armed forces, there should be a clear separation between the prosecuting authorities and those handing down the court decision (para. 29). See Recommendation CM/ Rec(2010)4 of the Committee of Ministers to member states on human rights of members of the armed forces, adopted on 24 February 2010. Guidelines on the Protection of Human Rights Defenders 59