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”.
Resource Bank
A Ghanaian citizen was arrested in 1985 for allegedly cooperating with political dissidents and was detained without trial for 7 years until he escaped from a prison hospital. The ACommHPR held that Article 6 of the African Charter was violated as the complainant had been arrested but was not charged with any offence and never […]
Resource Bank
The ACmHPR found that holding journalists in custody for 3 years without charges amounted to a clear arbitrary detention and grave violation of the right to liberty in Article 6 of the African Charter of Human and Peoples Rights.
Resource Bank
“Detentions before a judicial authority in excess of 72 hours, counted from the moment the accused is presented to the authority, are prohibited without presenting formal charges indicating the crime, place, time and circumstances of such crime; as well as the evidence of the crime and of the probable liability of the accused.”
Resource Bank
The primary human rights treaty in the Americas, protecting rights such as the right to liberty.
Resource Bank
In this case, the UNHRC established that the grounds for detaining a person must be clearly established in domestic legislation.
Resource Bank
If a person is suspected of a serious offence in the UK, they can be detained for a maximum of 96 hours without being charged. However, under terrorism legislation in the United Kingdom, a person suspected of terrorism can be detained for a maximum of 28 days without being charged.
Resource Bank
This is the primary human rights law in the UK. The HRA sets the following common procedural safeguards for a person who is arrested or detained: The person must be told why they are being detained; They must be brought before a judge promptly – i.e. without undue delay; The person can challenge the lawfulness […]
Resource Bank
Article 35 outlines states that someone can be detained: When they been sentenced by a court after they’ve been found guilty; For the purpose of bringing him before a court because of a court order or where there is reasonable suspicion the person has committed a criminal offence; If detention is reasonably necessary to prevent a […]
Resource Bank
This pamphlet provides a brief overview on the issue of bail in Nigeria. It’s a useful starting point for readers in Nigeria.
Resource Bank
Action4Justice is a group of NGO’s united to support public interest litigation worldwide as a means to advance social justice.
Learn more
We seek partnerships with organizations and communities worldwide who support our goals. Join our network, or volunteer.
Learn more
