CCPR/C/GC/35
deprivation of liberty include police custody, arraigo,3 remand detention, imprisonment
after conviction, house arrest,4 administrative detention, involuntary hospitalization, 5
institutional custody of children and confinement to a restricted area of an airport, 6 as well
as being involuntarily transported.7 They also include certain further restrictions on a person
who is already detained, for example, solitary confinement or the use of physical restraining
devices.8 During a period of military service, restrictions that would amount to deprivation
of liberty for a civilian may not amount to deprivation of liberty if they do not exceed the
exigencies of normal military service or deviate from the normal conditions of life within
the armed forces of the State party concerned. 9
6.
Deprivation of personal liberty is without free consent. Individuals who go
voluntarily to a police station to participate in an investigation, and who know that they are
free to leave at any time, are not being deprived of their liberty. 10
7.
States parties have the duty to take appropriate measures to protect the right to
liberty of person against deprivation by third parties.11 States parties must protect
individuals against abduction or detention by individual criminals or irregular groups,
including armed or terrorist groups, operating within their territory. They must also protect
individuals against wrongful deprivation of liberty by lawful organizations, such as
employers, schools and hospitals. States parties should do their utmost to take appropriate
measures to protect individuals against deprivation of liberty by the action of other States
within their territory.12
8.
When private individuals or entities are empowered or authorized by a State party to
exercise powers of arrest or detention, the State party remains responsible for adherence
and ensuring adherence to article 9. It must rigorously limit those powers and must provide
strict and effective control to ensure that those powers are not misused, and do not lead to
arbitrary or unlawful arrest or detention. It must also provide effective remedies for victims
if arbitrary or unlawful arrest or detention does occur.13
9.
The right to security of person protects individuals against intentional infliction of
bodily or mental injury, regardless of whether the victim is detained or non-detained. For
example, officials of States parties violate the right to personal security when they
unjustifiably inflict bodily injury. 14 The right to personal security also obliges States parties
to take appropriate measures in response to death threats against persons in the public
sphere, and more generally to protect individuals from foreseeable threats to life or bodily
3
4
5
6
7
8
9
10
11
12
13
14
2
See concluding observations: Mexico (CCPR/C/MEX/CO/5, 2010), para. 15.
1134/2002, Gorji-Dinka v. Cameroon, para. 5.4; see also concluding observations: United Kingdom
(CCPR/C/GBR/CO/6, 2008), para. 17 (control orders including curfews of up to 16 hours).
754/1997, A. v. New Zealand, para. 7.2 (mental health); see concluding observations: Republic of
Moldova (CCPR/C/MDA/CO/2, 2009), para. 13 (contagious disease).
See concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 17 (detention of migrants
pending expulsion).
R.12/52, Saldías de López v. Uruguay, para. 13.
See concluding observations: Czech Republic (CCPR/C/CZE/CO/2, 2007), para. 13; and Republic of
Korea (CCPR/C/KOR/CO/3, 2006), para. 13.
265/1987, Vuolanne v. Finland, para. 9.4.
1758/2008, Jessop v. New Zealand, para. 7.9–7.10.
See concluding observations: Yemen (CCPR/C/YEM/CO/5, 2012), para. 24.
319/1988, Cañón García v. Ecuador, paras. 5.1–5.2.
See concluding observations: Guatemala (CCPR/C/GTM/CO/3, 2012), para. 16.
613/1995, Leehong v. Jamaica, para. 9.3.