50 OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT This conclusion was patently unreasonable. For torture to become known, some compliance and verification mechanisms would have to be in place (i.e. effective monitoring systems by independent organisations). Therefore, notoriety would be of no avail to the applicants if torture was practised without anybody every knowing of it. The court rejected the applicants’ submission that an unfair trial in China would amount to cruel and unusual treatment where the consequence was prolonged imprisonment. The court found that the decision-maker had been entitled to conclude that the trial would be fair when, inter alia, there was no evidence that the case against the applicants had been obtained by torture of witnesses. VII. INTERNATIONAL LAW ON REVIEW OF DETENTION AND THE RIGHT TO A FAIR TRIAL A. Review of detention 155. Article 9(3) of the International Covenant on Civil and Political Rights provides inter alia that anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power. The Human Rights Committee, in its General Comment No. 8 (1982) on Article 9 indicated that delays pending production before a judge should not exceed a few days. It has found violations of Article 9(3) in respect of periods of detention of four days, seven days and eight days (in, respectively, Freemantle v. Jamaica, Communication No. 625/1995; Grant v. Jamaica, Communication No. 597/1994; and Stephens v. Jamaica, Communication No. 373/1989). In his General Recommendations, the United Nations Special Rapporteur on Torture has stated that the maximum period of detention without judicial warrant should be forty-eight hours (E/CN.4/2003/68, paragraph 26(g)). In Kulomin v. Hungary, Communication No. 521/1992, the Human Rights Committee found that the relevant authority for reviewing detention could not be the public prosecutor who was responsible for the investigation of the suspect’s case as that prosecutor did not have the necessary institutional objectivity and impartiality. B. Access to a lawyer 156. In addition to the materials set out in Salduz v. Turkey [GC], no. 36391/02, §§ 37-44, 27 November 2008, the applicant has provided the following materials. Article 14 § 3 (b) of the International Covenant on Civil and Political Rights (ICCPR) provides that everyone charged with a criminal offence is

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