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-

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