72
Human Rights in Counter-Terrorism Investigations
after the arrest and should not exceed a few days.71 The context of counterterrorism investigations does not provide an exception.
The prohibition of arbitrary arrest and detention also includes an express
requirement to record the details on an arrest or detention, as explained
in section 4.2 of this manual; to inform the individual of the reasons and
grounds for his or her arrest; and to notify him or her promptly of any charge
against him or her, in a language that he or she understands.72 This is of
particular relevance in counter-terrorism investigations that involve foreign
nationals or individuals who are not fluent in the official languages used in
police and judicial proceedings. Such people should not be disadvantaged by
their inability to communicate fluently with the police. As well as being fair
to the terrorism suspect, these requirements are also in the interests of the
police and of the investigation, as they help its smooth progress.
Case Study – Prompt notification of the reasons for arrest*
Three individuals are arrested by the police under domestic anti-terrorism legislation and informed that they are suspected of being terrorists, and could
be detained for up to 72 hours. Within four hours of being detained and taken
to police stations, they are questioned in detail by investigators about their
suspected involvement in specific terrorism-related acts and their suspected
membership in proscribed organizations. They are released without any charges
being brought against them.
Question: Have the suspects been promptly informed of the reasons and
grounds for their arrest?
When arrested, the three suspects were informed of the reasons for their arrest
only, not of the grounds justifying it. The freedom from arbitrary arrest or
detention provides for any person arrested to be told in simple and non-technical language that he or she can understand the essential legal and factual
grounds for his or her arrest. The person should be provided with all information
allowing him or her to decide whether to challenge the lawfulness of his or her
71
72
HRC, General Comment No. 8, Article 9: Right to liberty and security of persons, 30 June
1982, para. 2, <http://www.unhchr.ch/tbs/doc.nsf/0/f4253f9572cd4700c12563ed00483be
c?Opendocument>.
OSCE Moscow Document, op. cit., note 21; ICCPR, Articles 9 and 14; ECHR, Articles 5 and 6.
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