CCPR/C/GC/35 United Nations International Covenant on Civil and Political Rights Distr.: General 16 December 2014 Original: English Human Rights Committee General comment No. 35 Article 9 (Liberty and security of person)* I. General remarks 1. The present general comment replaces general comment No. 8 (sixteenth session), adopted in 1982. 2. Article 9 recognizes and protects both liberty of person and security of person. In the Universal Declaration of Human Rights, article 3 proclaims that everyone has the right to life, liberty and security of person. That is the first substantive right protected by the Universal Declaration, which indicates the profound importance of article 9 of the Covenant both for individuals and for society as a whole. Liberty and security of person are precious for their own sake, and also because the deprivation of liberty and security of person have historically been principal means for impairing the enjoyment of other rights. Liberty of person concerns freedom from confinement of the body, not a general freedom of action.1 Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity, as further discussed in paragraph 9 below. Article 9 guarantees those rights to everyone. “Everyone” includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity. 3. 4. Paragraphs 2 to 5 of article 9 set out specific safeguards for the protection of liberty and security of person. Some of the provisions of article 9 (part of paragraph 2 and the whole of paragraph 3) apply only in connection with criminal charges. But the rest, in particular the important guarantee laid down in paragraph 4, i.e. the right to review by a court of the legality of detention, applies to all persons deprived of liberty. 5. Deprivation of liberty involves more severe restriction of motion within a narrower space than mere interference with liberty of movement under article 12.2 Examples of * Adopted by the Committee at its 112th session (7–31 October 2014). 1 2 854/1999, Wackenheim v. France, para. 6.3. 263/1987, González del Río v. Peru, para. 5.1; 833/1998, Karker v. France, para. 8.5. GE.14-24451 (E) 

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