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The claimants were displaced persons whose refugee camp was raided by police who rounded up and arrested the people in the camp. None of the claimants were informed of the reason for their arrest, were granted a lawyer and they were held without charge for 12 months. The ACmHPR held that this amounted to a […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Arrest, Detention,
The complaints body of first instance in the inter-american human rights system. It investigates and decides on human rights complaints. Cases from here can end up in the Inter-American Court of Human Rights.
Content type: Resource Bank
Data type: Useful organisations,
Europe’s primary regional human rights court.
Content type: Resource Bank
Data type: Useful organisations,
It was alleged that the claimant demanded a dowry payment from his future wife’s family and drove his future wife out of his home when she refused. He was then arrested for requesting a dowry payment. After not being granted bail, the claimant brought a challenge to the Indian Supreme Court. The court noted that […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Arrest, Detention,
This academic article outlines the judicial review process in South Africa.
Content type: Resource Bank
Data type: Legal references,
Legal Topic: Arrest, Detention,
In this case, the court ruled that it has the power to review the work of the senate and any other organ of government. This is particularly important where laws created by the senate are being challenged.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Arrest, Detention,
In this case, the arrest of an individual for attempted murder was ultra vires because it was carried out without a warrant and without sufficient evidence for the police to have a reasonable suspicion the defendant committed the crime.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Arrest, Detention,
In this case, the police were ordered to pay R560,000 in damages for the unlawful arrest and detention of a young boy. The police arrested the boy as he was walking home from school, he was put in the back of a police van, handcuffed and fell around the back of the van when it […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Arrest, Detention,
In some countries, such as the USA, police are protected from civil claims through a doctrine called “qualified immunity”. This doctrine protects police unless they have acted incompetently and knowingly acted unlawfully. This can make it very difficult to bring successful civil claims. However, in many countries, such as the UK, police are no longer immune […]
Content type: Resource Bank
Data type: Legal references,
Legal Topic: Arrest, Detention,
In some countries, such as the USA, police are protected from civil claims through a doctrine called “qualified immunity”. This doctrine protects police unless they have acted incompetently and knowingly acted unlawfully. This can make it very difficult to bring successful civil claims. This VOX article outlines how the concept works in the USA and […]
Content type: Resource Bank
Data type: Legal references,
Legal Topic: Arrest, Detention,
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