to national law but also, where appropriate,
including
those which
have
their source
to other applicable legal standards,
in international
law.
In all cases
it
establishes the obligation to conform to the substantive and procedural rules of the
laws concerned, but it also requires that any deprivation of liberty be compatible
with the purpose of Article 5, namely, to protect the individual from arbitrariness.
The Court further stresses that where deprivation of liberty is concerned it is
particularly important that the general principle of legal certainty be satisfied. It is
therefore essential that the conditions for deprivation of liberty under domestic
and/or international law be clearly defined and that the law itself be foreseeable in
its application, so that it meets the standard of “lawfulness”
The UN General Assembly provides in Article 3 and 9 of the UDHR thus:
3 “everyone has a right to life. liberty and security of person” and 9 “no one shall
be subjected to arbitrary arrest, detention or exile”.
Also Article 9(1) of the International Covenant on Civil and
Political rights
provides:
“everyone has the right to liberty and security of person.
No one shall be deprived of his liberty
except on such grounds and in accordance with such procedure as are established by law”.
Similarly,
provides:
Article
6 the
African
Charter
on
human
and
Peoples’
Rights