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Article 19 Principles on the Right to Protest

Article 19 is an organisation that specialises in protecting freedom of expression and the right to protest. The linked resource provides an outline on the human rights law framework on protesting and when one’s right to protest can be restricted.

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Organisation Contre la Torture and Others v Rwanda (ACommHPR)

In this case, the African Commission on Human and People’s Rights ruled that the arrest and detention of ethnic tutsis solely on the basis of their ethnicity was a grave violation of the right to liberty and security.

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Castillo-Paez v Peru (Inter-American Court of Human Rights)

A case where the IACtHR found that an arrest that was undertaken without a written order issued by a judge was a violation of the right to liberty, among many other grave human rights violations in that case.

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The Indian Constitution, Article 21

“No person shall be deprived of his life or personal liberty except according to a procedure established by law.” An example of the right to liberty protected under a national constitution.

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The International Covenant on Civil and Political Rights, Article 9

“(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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Myanmar Code of Criminal Procedure

This sets out the police powers of arrest and detention in Myanmar, as well as procedural safeguards in this area. In Myanmar, the police are not under an obligation to inform people of the reasons for arrest. This is also the case in Brunei, Saudi Arabia and the United Arab Emirates.  In Myanmar, you do […]

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The UN Principles on Detention and Imprisonment

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 Constitution of Bangladesh, Article 33

“No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult and be defended by a legal practitioner of his choice”

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The Police Act (Nigeria), s.24 – Power to Arrest Without Warrant

Nigerian legislation on the scope of police powers of arrest.

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OHCHR Training Manual – Chapter 5: Human Rights and Arrest, Pre-Trial Detention and Administrative Detention

The chapter provides an analysis of the basic legal rules governing arrest, detention on remand and administrative detention in international human rights law. In so doing, it will, inter alia, deal in some depth with the reasons justifying arrest and continued detention and the right of a person deprived of his or her liberty to […]

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