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