With regard to the principle of legality, it has been held by the Human
Rights Committee of the United Nations that;
“Tt is violated if an individual is arrested or detained on grounds which are
not clearly established legislation”. In other words,
“the grounds for arrest and detention must be established by law.”
See:
Communication
No
702/1996
MCLAWRENCE
Vs.
JAMAICA
(views adopted 18" July, 1997) UN. doc. GAOR A/52/40 (Vol 11) pp.230
— 231 Para. 5.5
In a case where a person was arrested without a warrant, which was issued
more than three days after arrest, the Human Rights Committee hereinafter
referred to as the (Committee), concluded that there has been a violation
of Article 9(1) because the author had been ‘deprived of his liberty in
violation of a
procedure as established by law’. (Grindin Vs. Russian
Federation) (views adopted on 20th July, 2000). In UN doc. GAOR A/
55/40 (Vol .ID) p. 175 Para 8.1.
With regard to “arbitrary arrest”, the Committee in interpreting Article
9(1) of the Covenant on Civil and Political Rights observed (and rightly in
our view)
“arbitrariness is not to be equated with against the law’, but must be
interpreted more broadly to include elements of inappropriateness injustice,
lack of predictability and due process”. (Underlining for emphasis)
31