Original: French
can
lead to
other violations
such
as torture , ill-treatment or
interrogation without appropriate protection measures 19 .
80. The Court is of the opinion that deprivation of liberty, regardless of its
form , is permitted only when it is in conformity with procedures
established by domestic legislation which itself should be consistent with
international human rights standards.
81. Article 6 of the Charter provides that:
"Every individual shall have the right to liberty and to the security of his person.
No one may be deprived of his freedom except for reasons and conditions
previously laid down by law. In particular, no one may be arbitrarily arrested or
detained".
82 . As such , every deprivation of liberty must meet a number of
minimum guarantees commonly enshrined
1n
international human
rights instruments , in particular in Article 9 of the ICCPR which is
also applicable in the instant case .
83. Under Article 9 of the ICCPR, the aforesaid guarantees are:
"2- Everyone 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" 20 .
"3- Anyone arrested or detained on a crim inal charge shall be brought
promptly before a judge or other officer authorised 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
19 African
Commission on Huma n
Communication 250/02, para. 55
a nd
Peoples'
Rights,
LiesbeLh Zegveld and Mussie/Eritrea,
201n General Comment No. 8, the Human Rights Committee notes: "111 the view of the Committee,
delays must not exceed a few days".
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29
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