Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention Questions (cont.d) l l l l l l 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 l l Universal Instruments The Universal Declaration of Human Rights, 1948 The International Covenant on Civil and Political Rights, 1966 ***** l l l l l l 160 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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