131. Any deprivation of liberty must comply with the requirements of domestic law and must not be “manifestly disproportional, unjust or unpredictable”.93 Hence, laws governing deprivation of liberty must not be arbitrary or applied in an arbitrary manner.94 The Human Rights Committee has for instance specified that arbitrary conduct includes elements such as “inappropriateness, injustice, lack of predictability, and [lack of] due process of law, as well as elements of reasonableness, necessity and proportionality”.95 132. To prevent the use of arbitrary arrest or detention, states are required to ensure that specific safeguards are in place to protect individuals deprived of their liberty. These safeguards include, but are not limited to: (1) informing individuals of the reasons for their arrest and of any charges against them; (2) bringing arrested or detained individuals promptly before an official with judicial power, as well as either trying them within a reasonable time or releasing them; and (3) providing access to court proceedings to challenge the lawfulness of their detention.96 Safeguards (2) and (3) reflect State parties’ obligation to provide for judicial oversight of an individual’s detention. As will be further explained below, some of these safeguards apply to all individuals deprived of their liberty, irrespective of the grounds for their detention, including persons in military, security or counter-terrorism detention.97 Others apply only to persons arrested in contemplation of prosecution on a criminal charge.98 133. Any individual deprived of his or her liberty has the right to be informed of the reasons for his or her arrest and/or detention and of any charges against him or her.99 Accordingly, all detainees should be informed of the official basis for their arrest or detention at the time this takes place and in a language they understand.100 In the case of persons arrested and detained in contemplation of criminal prosecution, the authorities must, in addition, promptly inform the accused of the charges in a language they understand. Information at the time of arrest may be a general description of the reasons for arrest, but, once charged, the nature and cause of the charges are to be explained in detail without delay. Information about the charges is not only to be given to persons detained in connection with ordinary criminal prosecutions, but also in relation to “military prosecutions or other special regimes directed at criminal punishment”.101 134. The first aspect of judicial oversight arises when a person is arrested or detained for allegedly committing a criminal offence. This person must be brought promptly before a judicial authority and be tried within a reasonable time or released.102 This safeguard 93 Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary (Kehl: N.P. Engel, 2005), pp. 224-225. ICCPR, Art. 9(1); OSCE Moscow Document, op. cit., note 90, para. 23.1(i); Nowak, CCPR Commentary, ibid., pp. 224-225. 95 UN HRC, General Comment No. 35, op. cit., note 92, para. 12. 96 ICCPR, Art. 9. 97 UN HRC, General Comment No. 35, op. cit., note 92, para. 40. 98 Ibid., para. 4. 99 ICCPR, Arts. 9(2) and (4); OSCE Moscow Document, op. cit., note 90, para. 23.1(ii); UN Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Interim report to the General Assembly, A/63/271, 12 August 2008, paras. 24, 33, <http://www.un.org/Docs/journal/asp/ws.asp?m=A/63/271>; “Body of Principles”, op. cit., note 89, Principle 10. 100 UN HRC, General Comment No. 35, op. cit., note 92, paras. 26-27; Nowak, CCPR Commentary, op. cit., note 93, pp. 228229. 101 UN HRC, General Comment No. 35, ibid., para. 29; Nowak, CCPR Commentary, ibid., pp. 229-230. 102 ICCPR, Art. 9(3); OSCE Moscow Document, op. cit., note 90, para. 23.1(iv); “Body of Principles”, op. cit., note 89, Principle 37. 94 51