The Committee notes … that nationals [of the State party] suspected or
convicted of terrorism abroad and expelled to [the State party] have not
benefited in detention from the safeguards required to ensure that they are not
ill-treated, having notably been held incommunicado for periods of over one
month (articles 7 and 9 of the Covenant).
--CCPR/CO/76/EGY, para. 16 (2002).
Inter-American System
The Inter-American Commission and Court have consistently indicated that,
not only may no one be deprived of liberty except in the cases or
circumstances expressly provided by law, but further, any deprivation of
liberty must strictly adhere to the procedures defined thereunder…. The
failure to comply with such procedures creates the possibility, and eventually
the probability of abuse of the rights of detainees. Where detention is not
ordered or properly supervised by a competent judicial authority, where the
detainee may not fully understand the reason for the detention or have access
to legal counsel, and where the detainee’s family may not be able to locate him
or her promptly, there is clear risk, not just to the legal rights of the detainee,
but also to his or her personal integrity.
--IACHR, OEA/Ser.L/V/II.111 doc. 21 rev., 6 April 2001, Chapter VII (para.
37).
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