CCPR/C/116/D/2044/2011 a psychological evaluation of the authors be conducted in order to safeguard the interest of the remaining inhabitants. The Committee also notes the State party’s response that the authors were taken to a psychiatric centre in order to examine their mental health; that, as a result of the medical examination, it was concluded that the second author had received damage to the scull and brain following a car accident, was slowly losing memory and suffered from post-traumatic encephalopathy; and that the first author had been diagnosed having Bechterew’s disease and “borderline mental deviations against the background of a somatic illness”. 7.7 The Committee notes that the authors challenge the validity of their medical diagnosis, while the State party upholds its correctness. The Committee observes, however, that the State party has failed to present any pertinent explanations or arguments in the present case that involuntary hospitalization was necessary and served the purpose of protecting the authors from serious harm or preventing injury to others. Furthermore, the State party has not responded to the findings of the Ombudsman’s office, which confirmed the abuse of authority and violation of the procedure prescribed by the national legislation when the authors were apprehended and involuntary hospitalized. The Committee observes that, even if the State party’s diagnosis of the authors was accepted, the existence of an intellectual or mental disability may not in itself justify a deprivation of liberty but rather any deprivation of liberty must be necessary and proportionate, for the purpose of protecting the individual in question from serious harm or preventing injury to others.11 7.8 In the light of the above, the Committee notes that the information submitted by the parties does not attest that the authors were incapable of taking care of themselves or that they had a mental impairment that could cause substantial harm to their health. Furthermore, the Committee considers that particular concern should be raised in relation to the fact that the authors were admitted to a psychiatric hospital even though they did not pose any danger whatsoever to themselves or others and that both spouses were committed at the same time. The Committee notes that, even though the right to liberty is not absolute,12 a detention of an individual is such a serious measure that it is justified where other, less severe measures have been considered and found to be insufficient to safeguard the individual or public interest, which might require that the person concerned be detained. Consequently, for these reasons, the Committee finds that the authors’ committal to the psychiatric hospital and holding there for nine days was unlawful and arbitrary under article 9 (1) of the Covenant. 7.9 As to the authors’ claims under article 9 (4) of the Covenant, the Committee recalls that article 9 (4) entitles anyone who is deprived of his or her liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful.13 The right applies to all detention by official action or pursuant to official authorization, including detention in connection with involuntary hospitalization. The right to bring proceedings applies in principle from the moment when an individual’s liberty is deprived and any substantial waiting period before a detainee can bring a first challenge to detention is impermissible.14 In this connection, the Committee notes that the authors were committed to a psychiatric hospital without any court order and that they were not served with any 11 12 13 14 See Fijalkowska v. Poland, para. 8.3; and communication No. 1629/2007, Fardon v. Australia, Views adopted on 18 March 2010, para. 7.3. See also CCPR/C/RUS/CO/6, para. 19; and the Convention on the Rights of Persons with Disabilities, art. 14 (1) (b). See general comment No. 35 (20014) on article 9, para. 10. Ibid., para. 39. Ibid., paras. 40-42. 9