for any deprivation of liberty. The second additional requirement applies
only to information about criminal charges (See Human Rights Committee,
General Comment No. 34 §24).
224. One of the main purposes of requiring that all persons arrested be
informed of the reasons for arrest is to allow them to seek release if they
believe the reasons given are invalid or unfounded. The reasons should
include not only the general legal basis for the arrest, but also sufficient
factual details to indicate the substance of the complaint, such as the
wrongful act and the identity of an alleged victim. The “reasons” concern the
official basis for the arrest, not the subjective motivations of the police
officer who made the arrest. This information should be provided
immediately after the arrest. However, in exceptional circumstances, such
immediate communication may not be possible. For example, a delay may
be necessary for an interpreter to be present, but this delay should be kept to
an absolute minimum. (See Human Rights Committee, General Comment
No. 32 §25 e 27).
225. The second requirement in paragraph 2 concerns the notification of
criminal charges. Persons detained for the purpose of investigating crimes
they might have committed or for the purpose of detention for criminal trial
shall be promptly informed of the crimes of which they are suspected or
accused of. (See Human Rights Committee, General Comment No. 32 §29).
226. Paragraph 2 requires that the arrested person be “promptly” informed
of any charges, not necessarily “at the time of arrest”. If there are already
specific charges, the arresting officer can inform the person of the reasons
for the arrest and the charges, or the authorities can explain the legal basis
for the arrest a few hours later. The requirement for notice of charges under
paragraph 2 serves to facilitate the determination of whether provisional
detention is appropriate, and therefore paragraph 2 does not require that the
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