Session outline six: Arrest Objectives Participants will know the international standards applicable to official action that has the effect of depriving a person of his or her liberty, including for the alleged commission of an offence, and will understand selected practical aspects of the implementation of those standards. Sources UDHR (arts. 3, 9, 11, 13 and 29(2)) ICCPR (arts. 9, 12 and 14) SMRTP (rules 7, 44(3), 92 and 93) Principles on Detention or Imprisonment (principles 10, 11, 12, 14, 16(1), 17, 18, 21(1), 32, 37 and 38) Declaration on Enforced Disappearance (principles 10(2) and 10(3)) Principles on Summary Executions (principle 6) Standards Everyone has the right to liberty and security of the person and to freedom of movement.42 No one shall be subjected to arbitrary arrest or detention.43 No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.44 Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest.45 Anyone who is arrested shall be promptly informed of any charges against him.46 Anyone who is arrested shall be brought promptly before a judicial authority. 47 Anyone who is arrested shall have the right to appear before a judicial authority for the purpose of having the legality of his arrest or detention reviewed without delay, and shall be released if the detention is found to be unlawful.48 Anyone who is arrested has the right to trial within a reasonable time, or to release.49 Detention pending trial shall be the exception rather than the rule.50 All arrested or detained persons shall have access to a lawyer or other legal representative, and adequate opportunity to communicate with that representative.51 A record of every arrest must be made and shall include: the reason for the arrest; the time of the arrest; the time transferred to a place of custody; the time of appearance before a judicial authority; the identity of involved officers; precise information on the place of custody; and details of the interrogation.52 42 UDHR, articles 3 and 13; ICCPR, articles 9 and 12. UDHR, article 9; ICCPR, article 9. 44 UDHR, article 29(2); ICCPR, article 9. 45 ICCPR, article 9(2); Principles on Detention or Imprisonment, principle 10. 46 ICCPR, article 9(2); Principles on Detention or Imprisonment, principle 10. 47 ICCPR, article 9(3); Principles on Detention or Imprisonment, principle 11. 48 ICCPR, article 9(4); Principles on Detention or Imprisonment, principle 32. 49 ICCPR, article 9(3); Principles on Detention or Imprisonment, principle 38. 50 ICCPR, article 9(3); Principles on Detention or Imprisonment, principle 37. 51 UDHR, article 11; ICCPR, article 14; Principles on Detention or Imprisonment, principles 17 and 18; SMRTP, rule 93. 52 Principles on Detention or Imprisonment, principle 12; SMRTP, rule 7; Declaration on Enforced Disappearance, article 10(2); Principles on Summary Execution, principle 6. 43 67