Right to personal Liberty and Security and Freedom from Arbitrary Arrest and Detention are coming under the purview of Human Rights whether it is under the Domestic Law or International Law. The right to personal liberty requires that persons not be subject to arrest and detention except as provided for by law, and provided that neither the arrest nor the detention is arbitrary. The right applies to all forms of detention where people are deprived of their liberty. The right to security requires the country to provide reasonable measures to protect a person's physical security.
The right to security of the person and freedom from arbitrary detention is contained in article 9 of the International Covenant on Civil and Political Rights (ICCPR). Article 9 also provides a number of other rights for persons who are arrested or detained.
Art. 9 of the International Convention on Civil and Political Rights declare as :
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
The right to security of the person and freedom from arbitrary arrest or detention should
Consider a policy or a program while working on legislation :
permits a public authority to detain a person on necessity
provides assistance to a foreign country to strengthen its detention capabilities.
The right to personal liberty requires that persons not be subject to arrest and detention except as provided for by law, and provided that the law itself and the manner of its execution are not arbitrary. The UN Human Rights Committee has made clear that an arrest or detention may be permissible under domestic law, but may nevertheless be arbitrary. The Committee has stated that 'arbitrariness' is not to be equated with 'against the law', but must be interpreted more broadly to include elements of inappropriateness, injustice and lack of predictability.
Domestic law should prescribe the grounds and procedures for arrest and detention. An arrest or detention provided for by domestic law may nevertheless be contrary to article 9 if it is arbitrary. An arrest or detention may be arbitrary if it is not reasonable and necessary in all circumstances
In case a matter for domestic law, delays should not exceed a few days. Whether a period of pre-trial detention complies with article 9 will depend on a range of factors, including the seriousness of the charge and the severity of possible penalties. Article 9 also provides a right to be tried for criminal matters within a reasonable period. This right is to be contrasted with the right to be tried without undue delay, which relates to the period before a person's trial, whether the person is on remand or has been granted bail.
Children can enjoy the rights provided for under article 9 of the ICCPR in the same way as adults. In addition, under article 37 of the Convention on the Rights of the Child, the arrest, detention or imprisonment of a child shall be treated as a measure of last resort and for the shortest period of time.
Art. 4 of the ICCPR provides, countries may take measures derogating from certain obligations under the Covenant, including the right to security of the person and freedom from arbitrary detention to the extent strictly required by the exigencies of the situation. Provided that such measures are not inconsistent with other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origins.
Article 9 provides limitations on the rights to liberty. Deprivations are permitted, but only ‘in accordance with procedures as are established by law', provided the law itself and enforcement of it are not arbitrary.
The right to security of the person and freedom from arbitrary detention is relevant to numerous laws and policies. Wherever appropriate, laws should provide for safeguards to ensure that they are not exercised in an arbitrary manner. Safeguards might include the right to challenge the lawfulness of detention, and supervision by judicial officers.
The right to security of the person and freedom from arbitrary detention may also be relevant to:
the right to humane treatment when in detention in article 10 of the ICCPR
the right to freedom of movement in article 12 of the ICCPR
the right to a fair hearing and certain rights in criminal proceedings under article 14 of the ICCPR.