Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention Three relevant cases In the case of Delgado Páez, where the author had received death threats, been subjected to one personal assault and had a colleague murdered, the Human Rights Committee concluded that article 9(1) had been violated since Colombia either had not taken, or had “been unable to take, appropriate measures to ensure Mr. Delgado’s right to security of his person”.6 In the case of Dias, the Committee concluded that article 9(1) had been violated since it was the Angolan authorities themselves that were alleged to be the sources of the threats and the State party had neither denied the allegations, nor cooperated with the Committee.7 Further, in a case where the author was shot from behind before being arrested, the Committee concluded that his right to security of the person as guaranteed by article 9(1) was violated.8 All human beings have the right to liberty and security. Irrespective of their treaty obligations, all States are bound by international law to respect and ensure everybody’s right to liberty and security of the person (universal legal responsibility). The notion of “security” also covers threats to the personal security of non-detained persons. States cannot be passive in the face of such threats, but are under a legal obligation to take reasonable and appropriate measures to protect liberty and security of person. 4. Lawful Arrests and Detentions 4.1 The legal texts Article 9(1) of the International Covenant on Civil and Political Rights reads as follows: “1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” 6 Ibid., p. 48, para. 5.6. 7 Communication No. 711/1996, Dias v. Angola (Views adopted on 20 March 2000), in UN doc. GAOR, A/55/50 (vol. II), p. 114, para. 8.3. 8 Communication No. 613/1995, Leehong v. Jamaica (Views adopted on 13 July 1999), in UN doc. A/54/40 (vol. II), p. 60, para. 9.3. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 163