This is a foundational human rights instrument. Although not binding, it was the first authoritative statement of rights that are now set out in multiple human rights treaties and constitutions.
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Fillastre was charged in 1987 for offences punishable by imprisonment of one to five years. His proceedings were delayed, partly due to the judge’s desire to gather further evidence, and he was expected to be tried in 1991. First, the UNHRC held that “what constitutes ‘reasonable time’ is a matter of assessment for each particular […]
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The HRC held that “pre-trial detention should be the exception and that bail should be granted, except in situations where the likelihood exists that the accused would abscond or destroy evidence, influence witnesses or flee from the jurisdiction of the State party”.
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The HRC underlined that “one of the most important reasons for the requirement of ‘prompt’ information on a criminal charge is to enable a detained individual to request a prompt decision on the lawfulness of his or her detention by a competent judicial authority.”
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In this case, the UNHRC established that the grounds for detaining a person must be clearly established in domestic legislation.
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The fact sheet provides a comprehensive overview of the characteristics, mandate and complaints procedures of the UN Working Group on Arbitrary Detention. This is the place to start if you are thinking of making a complaint to the Working Group.
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Here you can find information on: What countries have signed and ratified different human rights treaties The different treaty bodies that exist Guides for how to submit a complaint Past cases and examples
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“(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.” “(2) Anyone who is arrested shall be informed, at the time […]
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This provides an overview of the principles of best practice that police should follow during and after making an arrest. This covers and elaborates on many of the procedural safeguards mentioned above.
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The administration of President Joko Widodo in Indonesia is currently pushing a slate of environmental deregulation policies through proposing over 1,200 amendments to 80 existing laws in parliament. While the government claims that these policies will boost the country’s economic growth, experts are warning that they will threaten to dismantle the already small number of existing […]
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