Original: French
to appear for trial at any other stage of the judicial proceedings, and
should the occasion arise for execution of the judgment".
"4- 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".
"5- Anyone who has been a victim of unlawful arrest or detention shall have an
enforceable right to compensation".
84. Incommunicado detention constitutes in itself a gross violation
of human rights that can lead to other violations such as torture , ill
treatment
or
interrogation
without
appropriate
due
process
safeguards. On this score , the Human Rights Committee notes that
"arrest and detention incommunicado for seven days and the restrictions
on the exercise of the right of habeas corpus constitute violations of
article 9 of the Covenant as a whole"21 •
85.
It emerges from the foregoing that Mr. Kadhafi 's incommunicado
detention and in isolation, the numerous extensions of the detention in
his absence, and without the assistance of a lawyer of his choice to
challenge every extension of that detention , constitute a violation of his
right to liberty and to the security of his person as set forth under Article
6 of the Charter.
B. Alleged violation of Article 7 of the Charter
86. The Applicant alleges that the Detainee has no access to a counsel ;
nor indeed to any form of representation . Consequently, he did not have
21
Communication No. 1126/2002 , Mar/em Carranza Alegre v. Peru, 28 October 2005
d !!::
/T
-/'~ o/I~
Sr
~
~
3l ~-J
\
C-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents