3. Anyone who is arrested shall be informed, at the time of arrest, in a language that he
understands, of the reasons for his arrest and shall be promptly informed of any charges
against him. He shall be entitled to contact his family members.
4. Anyone who is deprived of his liberty by arrest or detention shall have the right to request
a medical examination and must be informed of that right.
5. Anyone arrested or detained on a criminal charge shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to release. His release may be subject to guarantees to
appear for trial. Pre-trial detention shall in no case be the general rule.
6. Anyone who is deprived of his liberty by arrest or detention shall be entitled to petition a
competent court in order that it may decide without delay on the lawfulness of his arrest or
detention and order his release if the arrest or detention is unlawful.
7. Anyone who has been the victim of arbitrary or unlawful arrest or detention shall be
entitled to compensation.
Relevant Domestic Law
Palestinian Basic Law
Article 11
1.Personal freedom is a natural right, shall be guaranteed and may not be violated.
2.It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of
any person, except by judicial order in accordance with the provisions of the law. The law
shall specify the period of prearrest detention. Imprisonment or detention shall only be
permitted in places that are subject to laws related to the organization of prisons.
Article 12
Every arrested or detained person shall be informed of the reason for their arrest or detention.
They shall be promptly informed, in a language they understand, of the nature of the charges
brought against them. They shall have the right to contact a lawyer and to be tried before a
court without delay.
1. Human rights relating to detention are inextricably linked with freedom from
torture and the right to a fair trial. There is a recognition that where arbitrary and
unlawful deprivations of liberty occur, there is an increased likelihood of torture
and ill-treatment against those detainees.398 Deprivation of liberty is also more
likely during times of emergency.399
2. International human rights law recognises that all persons should be protected
from interference with the right to liberty except under defined and limited
circumstances. At the same time, international human rights law also
recognises that those in detention require special protection due to their
vulnerable position (vulnerable because they are entirely in the power of the
state and, due to their imprisonment, face a higher risk of abuse). The right to
liberty is therefore a test of the legality of detention and a procedural guarantee.
398
399
See, e.g. E/CN.4/1999/63.
E/CN.4/1996/40.
82
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents