shall be brought
without
undue
delay
before a court and, in any
event, within
seventy-two hours.
The Defendant argued that the arrest, detention and prosecution of the 2", 3" and
4 Applicants was on reasonable suspicion of the Applicants having committed an
offence, in pursuance of and in accordance with the laws and legal principles of the
Republic of the Gambia.
In order to meet the requirement of lawfulness, detention must be “in accordance
with a procedure prescribed by law’. This means that detention must conform to the
substantive
and
procedural
rules of national
law
or international
law
where
appropriate.
The concept of freedom from arbitrary arrest and detention dates back to the Magna
Carta, Statutes of the Realm 6-7 (1810) wherein Article 39 of the provides:
“No freeman shall be taken or imprisoned or be disseized of his freedom, or liberties, or free
customs or be outlawed or exiled or any otherwise destroyed, nor will we not pass upon him nor
condemn him, but by lawful judgment
of his peers, or by the law of the land”
The UN Committee on the study of the Rights of everyone to be free from Arbitrary
Arrest, Detention, and Exile defines Arrest as “The act of taking a person into
custody under the authority of the law or by compulsion of another kind and includes
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