Detention of migrants in an irregular situation 2012, para. 11
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The International Covenant on Civil and Political Rights does not contain an exhaustive list of accepted grounds for detention, meaning that an assessment must be made on a case-by-case basis. The Human Rights Committee held in communication No. 560/1993, paragraph 9.2, that "the notion of 'arbitrariness' must not be equated with 'against the law', but be interpreted more broadly to include such elements as inappropriateness and injustice. Furthermore, remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case, for example to prevent flight or interference with evidence: the element of proportionality becomes relevant in this context".
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Non-negotiated soft law
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Special Rapporteur on the human rights of migrants