II. UNLAWFUL DETENTION

II. UNLAWFUL DETENTION 17 38 6

Identity fraud, matrimonial fraud, unlawful detention.

In the absence of an arrest warrant, his subsequent detention was also unlawful.

She was able to challenge her detention before a court several times, but the courts did not find her detention unlawful.

Under article 9, paragraph 5, the author claims compensation for his unlawful arrest and detention.

They include orders for disbanding of peaceful demonstrations and the unlawful arrest and detention of suspects.

Unlawful detention as such is not a matter directly within the mandate of the Special Rapporteur.

In this sense, she claims that the State party would be responsible for a repetition of such unlawful detention.

The State party should also provide the necessary measures for victims of unlawful arrest or detention to claim compensation.

To the extent that further legislation is needed, the law should recognize as a criminal offence the unlawful detention of any person and the detention of any person in a place of detention not officially designated as such.

(e) The cases of summary or arbitrary execution, disappearance, torture, harassment, unlawful arrest, widespread persecution and arbitrary detention for long periods

Under article 14, paragraphs 6 and 7, of the Charter, anyone who is deprived of his liberty by arrest or detention shall be entitled to petition a competent court in order that it may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful Anyone who has been the victim of arbitrary or unlawful arrest or detention shall be entitled to compensation .

The author subsequently abandoned his appeal and filed for compensation for unlawful detention, but he never received a reply from the authorities.

The Committee urges the State party (a) to investigate thoroughly the circumstances of Mr. Tshishimbi apos s abduction and unlawful detention (b) to bring to justice those responsible for his abduction and unlawful detention and (c) to grant adequate compensation to him and to his family for the violations of his rights for which he has suffered.

Section II describes the issue of unlawful detention and the problems in this area observed by the Special Rapporteur during the course of his mission.

(16) The Committee is concerned about inhumane conditions of detention, e.g. in police custody, about the number of persons on remand and conditions of detention, the condition of juvenile and female detainees as well as the lack of compensation for unlawful arrest or detention (arts. 9 and 10).

Substantive issues Liberty and security of person Right to be informed of reasons for arrest Right to be brought promptly before a judge Challenge of lawfulness of detention Compensation for unlawful arrest or detention Right to a fair trial Liberty of movement Freedom of speech

1. UNLAWFUL AGREEMENTS

Under article 7, paragraph 6, anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful.

174. The Working Group was informed that in July 1995 the Special Prosecutor for Human Rights had charged 10 military officers with the attempted murder and unlawful detention of six students in 1982.

The Committee is concerned by reported cases of abuse of police authority, including unlawful arrest and detention, excessive use of force especially against members of minority groups and physical ill treatment of detainees.

He further reminded the Government of its obligations under article 9 (4) of the Covenant which provides that anyone deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court of law in order that that court might decide without delay on the lawfulness of his detention and order his release in any case where the detention proves unlawful.

The Ministry of Foreign Affairs of the Russian Federation had lodged a strong protest with the United States Embassy in Moscow in connection with the quot unlawful detention and battery quot of the Russian diplomat.

5.3 Concerning the alleged violation of article 9, the author claims that the State party has deliberately misinterpreted her claim, that because she was already a victim of unlawful detention in Iran, she has serious grounds to fear that such detention or worse will fall upon her if forcibly returned to Iran.

3.5 The author further alleges that his right, under article 9, paragraph 5, to compensation for unlawful detention from 8 October 1981 to 7 October 1982 was violated, because the authorities never replied to his compensation claim.

4.6 As to the author's allegation that he was not compensated for his unlawful detention in 1981 1982, the Committee considers that the author has not provided sufficient information to substantiate his claim, for purposes of admissibility.

77. The authorities should also consider limiting preventive detentions for long periods, ending unlawful detentions and increasing the number of judicial inspections in the detention centres to ensure that cases will be processed in a timely manner.

B. Arbitrary detention and conditions of detention

4. Administrative detention and conditions of detention

Conduct inconsistent with this boundary is unlawful .

2. The Unlawful Activities (Prevention) Act, 1967

may establish a behaviour to be unlawful

It is unlawful to withhold pertinent information.

Charged with unlawful possession of a suitcase.

The Act also provides for penalties for offences such as being members of unlawful associations, dealing with the funds and use of the premises of unlawful associations, indulging in unlawful activities etc., committed by various persons.

C. Pre trial detention and conditions of detention

Nothing in this Convention makes acts unlawful which are governed by international humanitarian law and which are not unlawful under that law.

4.2 As to the allegation of a violation of article 9, on the basis that the author's detention in Iran for nine months was unlawful, the State party submits that this detention and any alleged violation connected with it, did not take place within the jurisdiction of the Netherlands and is not therefore attributable to the State party.

The author lodged a complaint of abduction and unlawful detention of her son, and it was in that context that her counsel learned by chance that proceedings had been initiated to remove custody of her son from the author.

In the latter case, the right to compensation may exist independently of whether the arrest or detention can be regarded as the basis for a claim under article 9, paragraph 1, provided that it is unlawful under domestic law.

Conduct inconsistent with this boundary line is unlawful.

Detention

6.6 With respect to the author's claim under article 9, paragraph 5, the Committee recalls that this provision governs the granting of compensation for arrest or detention that is unlawful either under domestic law or within the meaning of the Covenant.

Despite the release having been ordered and the bail paid, the court failed to issue the release warrant, making it necessary for the defence to lodge a second application for habeas corpus on account of the unlawful prolongation of the detention.