Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention The case of A. v. Australia (cont.d) By stipulating that the court must have the power to order release ‘if the detention is not lawful’, article 9, paragraph 4, requires that the court be empowered to order release, if the detention is incompatible with the requirements in article 9, paragraph 1, or in other provisions of the Covenant. This conclusion is supported by article 9, paragraph 5, which obviously governs the granting of compensation for detention that is ‘unlawful’ either under the terms of domestic law or within the meaning of the Covenant.”183 Since, in this particular case, the available court review was “limited to a formal assessment of the self-evident fact” that the author was a “designated person” within the meaning of Australian migration law, the Committee concluded that his right to have his detention reviewed by a court, as guaranteed by article 9(4) of the Covenant, was violated.184 ***** The Inter-American Court of Human Rights consistently examines article 7(6) of the American Convention on Human Rights jointly with article 25, regarding the right to judicial protection, which reads as follows: “1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 2. The States Parties undertake: a. To ensure that any person claiming such remedy shall have his right determined by the competent authority provided for by the legal system of the State; b. To develop the possibilities of judicial remedy; and c. To ensure that the competent authorities shall enforce such remedies when granted.” The Inter-American Court has consistently held that “the right to a simple and prompt recourse or any other effective remedy filed with the competent court that protects that person from acts that violate his basic rights 183 Ibid., pp. 143-144, para. 9.5; emphasis added. 184 Ibid., at p. 144. 200 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers