Article 9: Liberty and security of person 2014, para. 32
Paragraph- Paragraph text
- Paragraph 3 requires, firstly, that any person arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power. That requirement applies in all cases without exception and does not depend on the choice or ability of the detainee to assert it. The requirement applies even before formal charges have been asserted, so long as the person is arrested or detained on suspicion of criminal activity. The right is intended to bring the detention of a person in a criminal investigation or prosecution under judicial control. If a person already detained on one criminal charge is also ordered to be detained to face an unrelated criminal charge, the person must be promptly brought before a judge for control of the second detention. It is inherent to the proper exercise of judicial power that it be exercised by an authority which is independent, objective and impartial in relation to the issues dealt with. Accordingly, a public prosecutor cannot be considered as an officer exercising judicial power under paragraph 3.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
- Reference
- CCPR General Comment No. 35, Article 9: Liberty and security of person (2014), para. 32.
- Paragraph number
- 32
sorted by
Date added
68 relationships, 68 entities