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

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