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: Arresto, 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: Arresto, 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: Arresto, 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: Arresto, 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: Arresto, Detention,
In Kenya, the Independent Policing Oversight Authority (“IPOA“) is the independent body which investigates complaints against the police. How to complain: By phoning the complaints management team By emailing the complaints team By writing a letter to the IPOA Or visiting a police station itself. What to include in your complaint: Your name and contact […]
Content type: Resource Bank
Data type: Useful organisations,
Legal Topic: Arresto, Detention,
This is the police oversight body in Trinidad and Tobago that can investigate misconduct by police.
Content type: Resource Bank
Data type: Useful organisations,
Legal Topic: Arresto, Detention,
Brazil, with a federal government system has federal ombudsman bodies. The first police ombudsman in Brazil was established in the state of Sao Paulo in 1995, with the purpose to enhance internal controls of the actions of the state police. Under federal law (Legislative Decree No. 150, 2009) the Ombudsman position must occupied by a […]
Content type: Resource Bank
Data type: Useful organisations,
Legal Topic: Arresto, Detention,
Example of a general oversight body that can investigate police and other public bodies where suspected of misconduct or human rights abuse.
Content type: Resource Bank
Data type: Useful organisations,
Legal Topic: Arresto, Detention,
The IACtHR can issue precautionary measures to order a state not to continue with an action if it would cause a serious and irreparable harm to the person involved. Other regional human rights court have similar mechanisms. The linked resource provides further information on precautionary measures at the IACtHR.
Content type: Resource Bank
Data type: Legal research sources,
Legal Topic: Public interest litigation (general),
