Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention
Article 6 of the African Charter on Human and Peoples’ Rights provides that:
“Every individual shall have the right to liberty and to the security of his
person. No one may be deprived of his freedom except for reasons and
conditions previously laid down by law. In particular, no one may be
arbitrarily arrested or detained.”
that:
Article 7 of the American Convention on Human Rights provides, inter alia,
“1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the
reasons and under the conditions established beforehand by the
constitution of the State Party concerned or by a law established pursuant
thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.”
The European Convention on Human Rights is the only treaty that
specifically enumerates the grounds which can lawfully justify a deprivation of liberty in
the Contracting States. This list is exhaustive and “must be interpreted strictly”.9 The
first paragraph of its article 5 reads:
“1. Everyone has the right to liberty and security of person. No one shall
be deprived of his liberty save in the following cases and in accordance
with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent
court;
(b) the lawful arrest or detention of a person for non-compliance with
the lawful order of a court or in order to secure the fulfilment of any
obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of
bringing him before the competent legal authority on reasonable suspicion
of having committed an offence or when it is reasonably considered
necessary to prevent his committing an offence or fleeing after having
done so;
(d) the detention of a minor by lawful order for the purpose of
educational supervision or his lawful detention for the purpose of bringing
him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading
of infectious diseases, of persons of unsound mind, alcoholics or drug
addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an
unauthorized entry into the country or of a person against whom action is
being taken with a view to deportation or extradition.”
9 Eur. Court HR, Bouamar Case, judgment of 29 February 1988, Series A, No. 129, p. 19, para. 43.
164
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents