requirements of Article 14(3) ICCPR,443 which aims at assisting an accused in
the preparation of his/her defence.444
34. Reasons for detention must be given promptly445 and as soon as the person is
charged with the criminal offence.446The promptness of reasons depends upon
the circumstances of the case. Prompt does not necessarily mean immediate
and a few hours might suffice. A delay of seven hours where the individual had
access to a competent interpreter was held not to violate the ICCPR.447 A three
to four week delay where the state gave no more than a ‘general refutation’ of
the applicant’s claim, will be a violation of this provision.448
35. The age and mental state of the detained person is also relevant. It may be that
a responsible third person must be informed promptly of the reasons for the
detention.
36. Interpreters may therefore be required for the individual to understand the
charges against them.449
Access to a Lawyer450
37. The right of access to lawyers is also a crucial right that should be afforded
from the outset of the deprivation of liberty.451
Right to Bail452
38. There is a presumption in favour of bail453 and pre-trial detention should be the
exception.454 Detention without the possibility of bail may render deprivation of
liberty arbitrary.455 If bail is denied, then the length of delay will be carefully
443
Namely, that individuals be provided with a number of minimum guarantees in the determination of
any criminal charge against him.
444 Human Rights Committee, Communication 248/1987, Campbell v. Jamaica, 30 March 1992, para.
6.3; Communication 1096/2002, Kurbanov v. Tajikistan, 6 November 2003, para. 7.3.
445 Article 9(2) ICCPR; UN Body of Principles for the Protection of Al Persons under any form of
Detention or Imprisonment, Principle 12.
446 Human Rights Committee, Communications 1128/2002, Marques de Morais v Angola, 29 March
2005, para 5.4; Communication 253/1987, Kelly v Jamaica, 8 April 1991, para 5.8.
447 Communication 526/1993, Hill v. Spain 2 April 1997, para. 12.2.
448 Communication 635/1995, E. Morrison v. Jamaica 27 July 1998, para. 21.2.
449 UN Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, Principle 14.
450 This is dealt with in more detail in section IX below.
451 Human Rights Committee, General Comment No. 20, HRI/GEN/1/Rev.6 at 151 (2003), para 11;
Human Rights Committee, Concluding Observations on Gabon, CCPR/CO/70/GAB (2000);
Communication 1412/2005, Butovenko v. Ukraine, 19 July 2011, para. 7.6; see also UN Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, UN General
Assembly resolution 43/173, Principle 17.
452 Article 9(3) ICCPR; Article 5(3), ECHR.
453 European Court, Tomasi v France, 27 August 1992.
454 Communication No. 526/1993, Hill v. Spain , 2 April 1997, para. 12.3.
455 African Commission, Communications Nos. 25/89, 47/90, 56/91 and 100/93, OMCT and Others v.
Zaire, 4 April 1996 para. 67.
88
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