On 13 November 2006, the UN Human Rights Committee further elaborated on what constitutes arbitrary detention for the purposes of art 9(1) of the ICCPR, finding that there must be ‘appropriate justification’ for continued mandatory detention in light of the circumstances of the particular case. It further re-affirmed its view that, pursuant to art 9(4), the protection against arbitrary arrest or detention provides individuals who have been arrested or detained with the right to take proceedings before a court that is empowered to decide on the lawfulness of the detention and order release if the detention is not lawful.
Detailed case note.
Found in 10. Immigration/Asylum, 2006, International, s21 - Rights to Liberty and Security of Person, Select International and Comparative Caselaw, UN Human Rights Committee
