elections. (See: ACHPR Constitutional Rights Projects and Civil Liberties
Organization Vs. Nigeria, communication N° 102/93, decision adopted 31“
October, 1998, para.55).
A suspicion of having committed an offence does not justify indefinite
detention. By Article 9(3) of the Covenant, the suspect has a right to be
tried “within a reasonable time or to release” pending trial. Liberty is the
rule detention must be the exception. Indeed Rule 6. | of the United
Nations Standard Minimum Rules for Non- Custodial Measures, the so —
called “Tokyo Rules”,
“pretrial detention shall be used as a means of last resort in criminal proceedings,
with due regard for the investigation of the alleged offence and for the protection
of society and the victim”.
With regard to Administrative Detention i.e. detention ordered by the
Executive.
The power of administrative and Ministerial authorities to
order detentions is highly controversial, and should be abolished, itis
not
outlawed by International Law, even though it is surrounded by safeguards
some of which have been enumerated above.
According to the General Comment N° 8 of the Human Rights Committee,
Article 9(1) is applicable to all deprivations of liberty whether in criminal
cases or any other purpose.
Where the detention is for reasons of public security or public order
presents some difficulty even in a State governed by the rule of law in
view of the difficulty in defining the terms “public security” and “public
order” with precision. A guide is however, provided by the Human Rights
Committee of the United Nations as follows:
34