Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention
Questions (cont.d)
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What remedies exist in your country for persons who consider that they are
unlawfully or arbitrarily deprived of their liberty?
If a person is found by a judge to have been unlawfully or otherwise arbitrarily
deprived of his or her liberty, is there a right in your country to compensation or
reparation for unlawful or arbitrary imprisonment?
On what grounds can persons be subjected to detention by the administrative
authorities in your country, and what legal remedies do they have at their disposal to
challenge the legality of the initial and subsequent deprivation of liberty?
At what point following their arrest/detention do persons deprived of their liberty
have the right of access to a lawyer in your country?
Does the law in your country authorize resort to incommunicado detention, and,
if so, for how long?
Before joining this course, what did you know about the international legal standards
applicable to arrest and detention?
Relevant Legal Instruments
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Universal Instruments
The Universal Declaration of Human Rights, 1948
The International Covenant on Civil and Political Rights, 1966
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The Body of Principles for the Protection of All Persons under any
Form of Detention or Imprisonment, 1988;
The Declaration on the Protection of All Persons from Enforced
Disappearance, 1992;
The Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions, 1989
Regional Instruments
The African Charter on Human and Peoples’ Rights, 1981
The American Convention on Human Rights, 1969
The European Convention on Human Rights, 1950
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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