Article 9: Liberty and security of person 2014, para. 33

Paragraph
Document type
General Comment / Recommendation
Paragraph text
While the exact meaning of "promptly" may vary depending on objective circumstances, delays should not exceed a few days from the time of arrest. In the view of the Committee, 48 hours is ordinarily sufficient to transport the individual and to prepare for the judicial hearing; any delay longer than 48 hours must remain absolutely exceptional and be justified under the circumstances. Longer detention in the custody of law enforcement officials without judicial control unnecessarily increases the risk of ill-treatment. Laws in most States parties fix precise time limits, sometimes shorter than 48 hours, and those limits should also not be exceeded. An especially strict standard of promptness, such as 24 hours, should apply in the case of juveniles.
Legal status
Non-negotiated soft law
Body
Treaty bodies: CCPR - Human Rights Committee
Means of adoption
N.A.
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Adolescents
  • All
Year
2014
Paragraph type
Other
Reference
CCPR General Comment No. 35, Article 9: Liberty and security of person (2014), para. 33.
Paragraph number
33