72 Human Rights in Counter-Terrorism Investigations after the arrest and should not exceed a few days.71 The context of counterterrorism investigations does not provide an exception. The prohibition of arbitrary arrest and detention also includes an express requirement to record the details on an arrest or detention, as explained in section 4.2 of this manual; to inform the individual of the reasons and grounds for his or her arrest; and to notify him or her promptly of any charge against him or her, in a language that he or she understands.72 This is of particular relevance in counter-terrorism investigations that involve foreign nationals or individuals who are not fluent in the official languages used in police and judicial proceedings. Such people should not be disadvantaged by their inability to communicate fluently with the police. As well as being fair to the terrorism suspect, these requirements are also in the interests of the police and of the investigation, as they help its smooth progress. Case Study – Prompt notification of the reasons for arrest* Three individuals are arrested by the police under domestic anti-terrorism legislation and informed that they are suspected of being terrorists, and could be detained for up to 72 hours. Within four hours of being detained and taken to police stations, they are questioned in detail by investigators about their suspected involvement in specific terrorism-related acts and their suspected membership in proscribed organizations. They are released without any charges being brought against them. Question: Have the suspects been promptly informed of the reasons and grounds for their arrest? When arrested, the three suspects were informed of the reasons for their arrest only, not of the grounds justifying it. The freedom from arbitrary arrest or detention provides for any person arrested to be told in simple and non-technical language that he or she can understand the essential legal and factual grounds for his or her arrest. The person should be provided with all information allowing him or her to decide whether to challenge the lawfulness of his or her 71 72 HRC, General Comment No. 8, Article 9: Right to liberty and security of persons, 30 June 1982, para. 2, <http://www.unhchr.ch/tbs/doc.nsf/0/f4253f9572cd4700c12563ed00483be c?Opendocument>. OSCE Moscow Document, op. cit., note 21; ICCPR, Articles 9 and 14; ECHR, Articles 5 and 6.