CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE ANNEX 1: TABLE OF CORE PROTECTION ISSUES AND POTENTIAL ACTIVITIES FOR NHRIS AND UNCT SUPPORT RIGHT OR ISSUE This table is based on an examination of key civil and political rights in especially in a post-conflict, developing country and/or in countries where core protection is an ongoing issue of vital concern. It reviews the key core protection issues and identifies potential areas in which the NHRI can become involved. Please note that the areas included are not exhaustive and may not be applicable in all cases. Several areas may overlap. UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Art. 9(1) ICCPR Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest … No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. Safeguards: Ensure that the NHRI understands its responsibilities with regard to arrest issues; provide advice them on possible activities/best practices. ARREST 11 a rbitrary, safeguards for the right to be free from 11 11 11 11 Arrest with warrant is general rule. Magistrate or other judicial officer should be notified of arrests without warrant. Due presentation of person before justice official within a short time period. Limits on police custody of persons arrested without warrant. Provide the necessary technical assistance, specialised training, expertise and material support to the NHRI when they are undertaking activities such as 11 11 11 11 a rbitrary, derogations from right to be free from Art. 4 ICCPR Limits/Violations: 11 11 11 During states of emergency, arrests may result in lengthy preventive detentions. Security forces arrest without warrant or reasonable grounds, or conduct mass arrests or round-ups. Developing a database of persons arrested under criminal laws and emergency powers establishing a 24/7 Hotline to report disappearances, arrests/ emergency situations communications to police or other authorities to follow up on reported cases Support the NHRI’s position when it issues advice to the government to limit derogations, to bring extraordinary arrest and detention powers in line with international standards and to ensure that permitted derogations are announced to the OHCHR. Arrests are carried out on grounds such as “national security”, “terrorism”, or “maintenance of public order” without further specificity. 67