The Committee is … of the view that preventive detention is a restriction of
liberty imposed as a response to the conduct of the individual concerned, that
the decision as to continued detention must be considered as a determination
falling within the meaning of article 14, paragraph 1, of the Covenant, and that
proceedings to decide the continuation of detention must, therefore, comply
with that provision. Therefore, the Committee recommends that the
requirements of article 9, paragraph 2, of the Covenant be complied with in
respect of all detainees. The question of continued detention should be
determined by an independent and impartial tribunal constituted and operating
in accordance with article 14, paragraph 1, of the Covenant. It further
recommends, at the very least, that a central register of detainees under
preventive detention laws be maintained and that the State party accept the
admission of the International Committee of the Red Cross to all types of
detention facilities, particularly in areas of conflict.
--CCPR/C/79/Add. 81, para. 27 (1997).
*****
The Committee is concerned that the undetermined detention which may be
ordered by the Secretary of the Ministry of Defense violates the Covenant,
particularly when such detention can be challenged only one year after
detention. In view of this, the Committee remains concerned about the
effectiveness of the habeas corpus remedy in respect of those arrested under the
Prevention of Terrorism Act.
--CCPR/C/79/Add.56, para. 452 (1995).
*****
The Committee remained concerned that despite the reduction in the number of
persons held in administrative detention on security grounds, persons may still
be held for long and apparently indefinite periods of time in custody without
trial. It is also concerned that [those] detained by [the] military order in the
occupied territories do not have the same rights to judicial review as persons
detained … under ordinary law…. The Committee takes due note that [the
State party] has derogated from article 9 of the Covenant. The Committee
stresses, however, that a State party may not depart from the requirement of
effective judicial review of detention. The Committee recommends that the
application of detention be brought within the strict requirements of the
Covenant and that effective judicial review be made mandatory.
--CCPR/C/79/Add.93, para. 21 (1998).
40
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