GENEVA (30 October 2014) – The UN Human Rights Committee has issued an authoritative new commentary on one of the most important issues in international human rights law – when and how is it justified to deprive a person of their liberty, and what obligations do States have to avoid people being unlawfully or arbitrarily detained.
“Arbitrary detention is a profound threat to liberty and to the enjoyment of all other rights,” said Gerald Neuman, Committee member and rapporteur of the commentary which has now been adopted by the Committee.
The new General Comment concerns Article 9 of the International Covenant on Civil and Political Rights which covers liberty and security of person. It codifies the Committee’s work over the past three decades on this issue to give government officials, legal practitioners, human rights monitors and civil society a full understanding of the Committee’s views.
The General Comment covers a wide range of issues under Article 9, including the definition of arbitrary detention and the procedural safeguards necessary for avoiding unlawful and arbitrary detention, such as the 48-hour standard for promptly bringing a criminal suspect before a judge.
States’ duties are also spelled out regarding deprivation of liberty by private persons or groups. “States cannot avoid their obligations by privatizing detention operations, and they also have an obligation to protect individuals from other threats to liberty proceeding from private actors,” said Mr. Neuman.
The General Comment also covers the highly controversial issue of people being detained without criminal charge under security legislation in exceptional situations such as armed conflict. It emphasizes that such detention poses a severe risk of a person being arbitrarily deprived of their liberty. The General Comment describes safeguards that must be provided for security detention to be acceptable under Article 9.
The General Comment was drafted over two years in public meetings. Prior to commencing the process, the Committee had discussions with interested parties, and over the period received a substantial number of written submissions from civil society, States, lawyers, UN bodies, UN organisations and specialized agencies.
