While noting the State party's reservation to article 9 of the Covenant, the
Committee considers that this reservation does not exclude, inter alia, the
obligation to comply with the requirement to inform promptly the person
concerned of the reasons for his or her arrest.
--CCPR/C/79/Add.81, para. 24 (1997).
European Court of Human Rights
Because of the attendant risk of loss of life and human suffering, the police are
obliged to act with utmost urgency in following up all information, including
information from secret sources. Further, the police may frequently have to
arrest a suspected terrorist on the basis of information which is reliable but
which cannot, without putting in jeopardy the source of the information, be
revealed to the suspect or produced in court to support a charge.
As the Government pointed out, in view of the difficulties inherent in the
investigation and prosecution of terrorist-type offences in Northern Ireland, the
"reasonableness" of the suspicion justifying such arrests cannot always be
judged according to the same standards as are applied in dealing with
conventional crime. Nevertheless, the exigencies of dealing with terrorist crime
cannot justify stretching the notion of "reasonableness" to the point where the
essence of the safeguard secured by Article 5 para. 1 (c) ... is impaired....
--Fox, Campbell and Hartley v. the United Kingdom, ECHR, 30 August 1990
(para. 32).
D.3 Prolonged pre-trial or administrative detention
United Nations
[Concerning special legislation on armed groups,] the [Human Rights]
Committee notes with concern that the duration of pretrial detention can
continue for several years and that the maximum duration of such detention is
determined according to the applicable penalty.… [The Committee invites the
State party] to reduce the duration of pretrial detention and to stop using
duration of the applicable penalty as a criterion for determining the maximum
duration of pretrial detention.
--CCPR/C/79/Add.61, paras. 12, 18 (1996).
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