existence of the judicial proceedings, it is clear that the Applicant’s arrest is
not arbitrary; that the plea should be dismissed.
218. Article 9 of the UDHR establishes that: “No one shall be subjected to
arbitrary arrest, detention or exile.”
219. Article 9 (2) It provides in of the ICCPR that: “Anyone who is arrested
shall be informed, at the time of arrest, of the reasons for his arrest and shall
be promptly informed of any charges against him.”
220. Also the African Charter in its Article 6, in fine, provides that: “(…) In
particular, no one may be arbitrarily arrested or detained.”
221. Article 9 of the ICCPR recognizes and protects both the liberty of the
person and the security of the person. The Universal Declaration of Human
Rights Article 3 proclaims that everyone has the right to life, liberty, and
personal security. This is the first substantive right protected by the Universal
Declaration, which indicates the profound importance of Article 9 of the
Covenant for both individuals and society as a whole.
222. The provisions of Article 9 (1 and 2) of the Covenant and those of
Article 6 of the African Charter apply in principle to any form of arrest or
detention decided and carried out by a public authority, whatever its legal
basis and whatever the objective to be pursued (See International Court Of
Justice, AHMADOU SADIO DIALLO, (REPUBLIC OF GUINEA V.
DEMOCRATIC REPUBLIC OF THE CONGO), Judgment of 30 November
2010, p.10).
223. The cited Article 9 (2) imposes two requirements for the benefit of
persons deprived of liberty. First, they must be informed, at the time of arrest,
of the reasons for detention. Second, they must be promptly informed of any
charges against them. The first requirement applies broadly to the reasons
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