CCPR/C/GC/35 deprivation of liberty include police custody, arraigo,3 remand detention, imprisonment after conviction, house arrest,4 administrative detention, involuntary hospitalization, 5 institutional custody of children and confinement to a restricted area of an airport, 6 as well as being involuntarily transported.7 They also include certain further restrictions on a person who is already detained, for example, solitary confinement or the use of physical restraining devices.8 During a period of military service, restrictions that would amount to deprivation of liberty for a civilian may not amount to deprivation of liberty if they do not exceed the exigencies of normal military service or deviate from the normal conditions of life within the armed forces of the State party concerned. 9 6. Deprivation of personal liberty is without free consent. Individuals who go voluntarily to a police station to participate in an investigation, and who know that they are free to leave at any time, are not being deprived of their liberty. 10 7. States parties have the duty to take appropriate measures to protect the right to liberty of person against deprivation by third parties.11 States parties must protect individuals against abduction or detention by individual criminals or irregular groups, including armed or terrorist groups, operating within their territory. They must also protect individuals against wrongful deprivation of liberty by lawful organizations, such as employers, schools and hospitals. States parties should do their utmost to take appropriate measures to protect individuals against deprivation of liberty by the action of other States within their territory.12 8. When private individuals or entities are empowered or authorized by a State party to exercise powers of arrest or detention, the State party remains responsible for adherence and ensuring adherence to article 9. It must rigorously limit those powers and must provide strict and effective control to ensure that those powers are not misused, and do not lead to arbitrary or unlawful arrest or detention. It must also provide effective remedies for victims if arbitrary or unlawful arrest or detention does occur.13 9. The right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained. For example, officials of States parties violate the right to personal security when they unjustifiably inflict bodily injury. 14 The right to personal security also obliges States parties to take appropriate measures in response to death threats against persons in the public sphere, and more generally to protect individuals from foreseeable threats to life or bodily 3 4 5 6 7 8 9 10 11 12 13 14 2 See concluding observations: Mexico (CCPR/C/MEX/CO/5, 2010), para. 15. 1134/2002, Gorji-Dinka v. Cameroon, para. 5.4; see also concluding observations: United Kingdom (CCPR/C/GBR/CO/6, 2008), para. 17 (control orders including curfews of up to 16 hours). 754/1997, A. v. New Zealand, para. 7.2 (mental health); see concluding observations: Republic of Moldova (CCPR/C/MDA/CO/2, 2009), para. 13 (contagious disease). See concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 17 (detention of migrants pending expulsion). R.12/52, Saldías de López v. Uruguay, para. 13. See concluding observations: Czech Republic (CCPR/C/CZE/CO/2, 2007), para. 13; and Republic of Korea (CCPR/C/KOR/CO/3, 2006), para. 13. 265/1987, Vuolanne v. Finland, para. 9.4. 1758/2008, Jessop v. New Zealand, para. 7.9–7.10. See concluding observations: Yemen (CCPR/C/YEM/CO/5, 2012), para. 24. 319/1988, Cañón García v. Ecuador, paras. 5.1–5.2. See concluding observations: Guatemala (CCPR/C/GTM/CO/3, 2012), para. 16. 613/1995, Leehong v. Jamaica, para. 9.3.

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