seca if so called, preventive detention is used, for reasons of public security, it must be controlled by these same provisions, i.e. it must not be arbitrary, and be based on grounds and procedures established by law (para 1) in formation of the reasons must be given (para 2) and Court control of the detention must be available (para4) as well as compensation in the case of a breach (para. 5) And if, in addition, criminal charges are brought in such cases, the full protection of Article 9(2) and (3) as well as Article 14, must also be granted”. (See: Comment N° 8 United Nations Compilation of general Comments). In summary, exception. as earlier noted, Deprivation liberty is the rule of a person’s liberty must and detention the at all times be Objectively, justified in that the reasonableness of the grounds of detention must be assessed from the point of view of an objective observer and based on facts and not merely on subjective suspicion. The most common grounds for a lawful judicial deprivation of liberty are: a). After conviction by a competent independent and impartial Court of law b). On reasonable suspicion of having committed an offence or in order to prevent the person from doing so, and c). in order to prevent a person from fleeing after having committed a crime. All these situation and circumstances must be established by cogent, convincing, credible and unequivocal evidence. Applying these principles and law to the case at hand, can it be succinctly stated without fear of contradiction that the arrest and detention of the Applicant is arbitrary and unlawful. The answer is an obvious yes. 35

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