.........Chapter 5
HUMAN RIGHTS
AND ARREST,
PRE-TRIAL DETENTION
AND ADMINISTRATIVE
DETENTION ..........................
Learning Objectives
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To familiarize participants with existing international legal standards regarding the
right to liberty and security of the person and which protect human rights both in
connection with and during arrest, pre-trial detention and administrative detention;
To illustrate how the various legal guarantees are enforced in practice in order to
protect the rights of detained persons and their legal counsel;
To explain what legal measures and/or actions judges, prosecutors and lawyers must
take in order to safeguard the rights of the persons arrested or detained.
Questions
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On what basis can persons be detained on remand in your country, and what
alternatives to such detention are available pending trial?
For how long can people be deprived of their liberty in your country before they must
be brought before a judge in order to have the legality of their deprivation of liberty
determined?
How does the law in the country where you work as judges, prosecutors or lawyers
protect individuals against unlawful or arbitrary arrests and detention?
Do illegal or arbitrary arrests and detentions occur in the country where you exercise
your professional responsibilities?
If faced with an arrest and detention that appears to be unlawful or arbitrary, what
would you do about it, and what could you do about it, given the present status of the
law in the country where you work?
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
159
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