On 5 February 1998 and on the basis of this evidence, the Torun District Court ordered the author's committal.

The author's committal to a psychiatric institution was ordered by a competent, independent and impartial court established by law.

For these reasons, the Committee finds that the author's committal was arbitrary under article 9, paragraph 1, of the Covenant.

The committal order was at the request of the author's sister and followed a hearing at which an expert psychiatrist gave evidence.

The author claims that her committal to a psychiatric institution against her will amounted to a violation of article 7 of the Covenant.

The jurisdiction of the Court is limited to offences triable summarily, committal proceedings and certain inquiries together with civil litigation up to a prescribed level.

The Court adopted its decision having heard an expert psychiatrist, and having carefully examined the grounds for the author's committal provided in the Mental Health Protection Act.

The Committee considers that the author's sister was not in a position to provide such assistance or representation, as she had herself requested the committal order in the first place.

7.3 As to whether the failure to provide the complainant with legal representation and with a copy of the committal order at the time of her committal and only after expiry of the deadline for lodging an appeal, amounted to arbitrary detention pursuant to article 9, the State party observes that there was no legal obligation to provide the author with legal representation at the time of examining by the Torun District Court.

As to whether the committal was lawful, the Committee notes that it was carried out in accordance with the relevant articles of the Mental Health Protection Act and was, thus, lawfully carried out.

The State party was requested to comment on whether the author's detention was conducted in accordance with procedures established by law pursuant to article 9 of the Covenant and, if submitted to be lawful, whether the failure to provide her with legal representation and with a copy of the committal order at the time of her committal and only after expiry of the deadline for lodging an appeal, amounted to arbitrary detention pursuant to article 9.

In the Committee's view, the author's right to challenge her detention was rendered ineffective by the State party's failure to serve the committal order on her prior to the deadline to lodge an appeal.

In the State party's view, the prohibition of arbitrary detention in article 9 does not imply an obligation to serve judicial decisions concerning the committal of an individual to a psychiatric institution automatically on the person concerned.

The Committee acknowledges that circumstances may arise in which an individual's mental health is so impaired that so as to avoid harm to the individual or others, the issuance of a committal order, without assistance or representation sufficient to safeguard her rights, may be unavoidable.

On 30 November 1985, some of the author's colleagues, but not the author himself, submitted an application to the Supreme Court for the committal of the Director General and the Board of Directors of CBC for disobeying the decision of the Court of 3 May 1985.

(a) In R. v. Askov, a delay of up to two years between the date of committal for trial and the trial itself was held to be in violation of an accused's right to be tried within a reasonable time, as guaranteed by the Canadian Charter of Rights and Freedoms.

Singh, in keeping with past practice (he has received at least six invitations from various Pakistani leaders, starting with then President Pervez Musharraf), remained non committal, but showed warmth towards his Pakistani counterpart. I always regard Gilani as a man of peace, and every time I meet him my belief is further strengthened, he told the press.

8.3 Concerning the possible arbitrary nature of the author's committal, the Committee finds it difficult to reconcile the State party's view that although the author was recognized, in accordance with the Act, to suffer from deteriorating mental health and inability to provide for her basic needs, she was at the same time considered to be legally capable of acting on her own behalf.

The Committee noted that the circumstances under which the author was committed to a psychiatric institution, in particular the fact that she was committed without legal representation and without receiving a copy of the committal order until 18 June 1998, more than four months after the order was issued and after the expiry of the deadline to file an appeal, may raise issues under articles 9 and 14 of the Covenant.

Egypt stated that offences punishable by the death penalty are designated as serious crimes under article 10 of the Penal Code and consequently must be investigated by the Department of Public Prosecutions, an intrinsic part of the judiciary whose members enjoy legal immunity  . If the accused has no counsel to defend him during investigations, the Department of Public Prosecutions appoints such counsel in the decision for committal for trial  .

7.4 As regards the date of providing the complainant with a copy of the committal order, the State party notes that according to article 357 1 of the Code of Civil Procedure The court shall attach the reasons to the rulings pronounced at a public hearing only when they are subject to an interlocutory appeal and only upon a demand from a party, lodged within one week of the date of the pronouncement of the ruling.

8.4 The Committee further notes that although a committal order may be appealed to a court, thereby allowing the individual to challenge the order, in this case, the author, who had not even been served with a copy of the order, nor been assisted or represented by anyone during the hearing who could have informed her of such a possibility, had to wait until after her release before becoming aware of the possibility of, and actually pursuing, such an appeal.