Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention However, alleged denial of access to a lawyer during detention, for instance, must be substantiated. Where the author did not show that he had ever requested legal representation during the first year of his detention and that his request was refused, and where he did not claim that he had no legal representation during the preliminary hearing, the Committee rejected the claim as inadmissible.228 The right to legal assistance will be dealt with in further depth in Chapter 6 regarding The Right to a Fair Trial: Part I – From Investigation to Trial. A detained person has the right to consult with, and be assisted by, a lawyer in connection with the proceedings taken to test the legality of her or his detention. 8. The Right to Compensation in the Event of Unlawful Deprivation of Liberty Article 9(5) of the International Covenant on Civil and Political Rights provides that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation”, and this provision is applicable to all unlawful or arbitrary arrests and detentions.229 Article 5(5) of the European Convention provides that “everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation”. ***** In the case of Monja Jaona, where the author had been subjected to arbitrary arrest and detention contrary to article 9(1) of the Covenant, the Committee underlined expressis verbis that the State party was “under an obligation to take effective measures to remedy the violations which Monja Jaona [had] suffered, to grant him compensation under article 9, paragraph 5, ... on account of his arbitrary arrest and detention, and to take steps to ensure that similar violations do not occur in the future”.230 ***** 228 Communication No. 732/1997, B. Whyte v. Jamaica (Views adopted on 27th July 1998), in UN doc. GAOR, A/53/40 (vol. II), p. 200, para. 7.4. 229 See General Comment No. 8 (16) in UN doc. GAOR, A/37/40, p. 95, para. 1 and p. 96, para. 4. 230 Communication No. 132/1982, Monja Jaona v. Madagascar (Views adopted on 1 April 1985), in UN doc. GAOR, A/40/40, p. 186, para. 16. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 209