considered and the person must be tried as quickly as possible,456 particularly where the offence is a serious one457 Reasons for delay may include, for example, that the investigation or evidence is complex,458 but even this will not justify a delay of over three years.459 39. Bail can be refused if there is a likelihood that the accused will:    Abscond or flee the jurisdiction of the State; Destroy evidence; Influence witnesses;460 40. Conditional bail is permitted and is preferable to pre-trial detention. A bail hearing must be fair and in accordance with fair trial principles. Any objections to bail must be relevant and sufficient and reasons should be given. 41. In relation to bail conditions, the right to liberty requires only what is necessary to ensure presence. That right was violated when bail was calculated on the basis of the loss imputed to the alleged victim.461 Conditions might include reporting to a local police station and/or the surrender of a passport. C. The Right to Challenge the Legality of Detention – Habeas Corpus462 42. According to international law, anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court,463 in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. This is a ‘self-standing right’.464 43. The right of habeas corpus is an absolute, and non-derogable, right465 protected under both treaty and customary international law466 and international 456 Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 35. See also European Court, Jablonski v Poland, [2000] ECHR 685, para 102. 457 Communication 473/1991, Barosso v Panama, 19 July 1995, . 458 Communication 818/1998, Sextus v Trinidad and Tobago, 16 July 2001, para 7.2. 459 Communication 473/1991, Barosso v Panama, 19 July 1995. 460 Communication No. 526/1993, Hill v. Spain , 2 April 1997, para. 12.3. 461 Neumeister v Austria, European Court, 27 June 1968. 462 Articles 8 and 9 UDHR; Article 9(4) ICCPR and its General Comment No.8, HRI/GEN/1/Rev.6 at 130 (2003); Article 17(2)(f) ICCPED. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principles 4, 11 and 32. See also Article 14(6) Arab Charter on Human Rights. Article 12 Palestinian Basic Law; Article 7(1) ACHPR; African Commission, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 2003. Inter-American Court Advisory Opinion OC-8/87, 30th Jan 1987. Inter-American Commission on Human Rights, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the America, 2008. See Report of the Working Group on Arbitrary Detention, 30 June 2014, A/HRC/27/47. 463 This is also now part of customary international law and constitutes jus cogens, see Working Group on Arbitrary Detention, A/HRC/22/44. 464 Working Group on Arbitrary Detention, A/HRC/19/57, para 61. 465 Ibid. 466 Working Group on Arbitrary Detention, A/HRC/22/44, para 47. 89