Article 9: Right to liberty and security of persons 1982, para. 4
Paragraph
Paragraph text
Also if so called preventive detention is used, for reasons of public security, it must be controlled by these same provisions, i.e. it must not be arbitrary, and must be based on grounds and procedures established by law (para. 1), information of the reasons must be given (para. 2) and court control of the detention must be available (para. 4) as well as compensation in the case of a breach (para. 5). And if, in addition, criminal charges are brought in such cases, the full protection of article 9 (2) and (3), as well as article 14, must also be granted.
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
1982
Paragraph type
Other
Reference
CCPR General Comment No. 8, Article 9: Right to liberty and security of persons (1982), para. 4.