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.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
“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.”
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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.”
Content type: Resource Bank
Legal Topic: Detention,
The primary human rights treaty in the Americas, protecting rights such as the right to liberty.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Arresto, Detention,
In this case, the UNHRC established that the grounds for detaining a person must be clearly established in domestic legislation.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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 […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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 […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
This pamphlet provides a brief overview on the issue of bail in Nigeria. It’s a useful starting point for readers in Nigeria.
Content type: Resource Bank
Data type: How-to guides (manuals, toolkits),
Legal Topic: Detention,
This report presents research on the use of pre-trial imprisonment in ten contrasting jurisdictions: Kenya, South Africa, Brazil, the United States of America, India, Thailand, England & Wales, Hungary, the Netherlands and Australia. A key objective of the research is to learn from disparities in the use of pre-trial imprisonment across the ten countries and […]
Content type: Resource Bank
Data type: Legal references,
Legal Topic: Detention,
