Comments
On October 30, 2014, the United Nations Human Rights Committee issued an authoritative commentary in regard to the International Covenant on Civil and Political Rights (ICCPR), entitled, “General Comment No.35 – Article 9: Liberty and security of person.” According to a press release, the General Comment discusses states’ obligations relating to Article 9 of the ICCPR and covers a range of issues, “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.” It also discusses “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.”