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Alhassan Abubakar v Ghana (African Commission on Human and Peoples’ Rights)

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 […]

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Constitutional Rights Project and Civil Liberties Organisation v Nigeria (African Commission on Human and Peoples’ Rights)

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.

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The Mexican Constitution, Article 19

“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.”

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American Convention on Human Rights

The primary human rights treaty in the Americas, protecting rights such as the right to liberty.

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McLawrence v Jamaica (UN Human Rights Committee)

In this case, the UNHRC established that the grounds for detaining a person must be clearly established in domestic legislation.

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Terrorism Act 2006 (UK)

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.

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The Human Rights Act (UK)

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 […]

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The Constitution of Nigeria

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 […]

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UNODC Court Users Guide (Nigeria)

This pamphlet provides a brief overview on the issue of bail in Nigeria. It’s a useful starting point for readers in Nigeria.

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What Other Alternatives Are There?

There are alternatives to going to court to hold police forces and/or organisations accountable for human rights abuses. Think about whether any of the following could be appropriate for you.

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Action4Justice es un grupo de ONG unidas para fomentar el litigio de interés público mundialmente como una forma de obtener justicia social.

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