HUMAN RIGHTS COMMITTEE CONTINUES DISCUSSION ON DRAFT GENERAL COMMENT ON THE RIGHT TO LIBERTY AND SECURITY OF PERSON

The Human Rights Committee continued yesterday afternoon and this morning its reading of the Draft General Comment Number 35 on Article 9 of the International Covenant on Civil and Political Rights on the right of everyone to liberty and security of person.

The Committee adopted paragraphs 45 to 62 of the draft which was introduced by the Committee Member acting as Rapporteur for Draft General Comment 35, Gerald Neuman, in document CCPR/C/GC/R.35/Rev.4. The paragraphs dealt with areas including the right to initiate proceedings for the release of the accused (for illegal or arbitrary detention); the right to compensation for unlawful arrest or arbitrary detention; and the relationship between Article 9 and other articles of the Covenant. A sub paragraph, 61a, on the protection of children was proposed.

One of the paragraphs would clarify that paragraph 4 of Article 9 of the Covenant allowed the individual to bring proceedings before a court that would normally be covered by a judicial tribunal. Exceptionally, for certain forms of detention, the law may provide a procedure with a specialized tribunal, which should be established by law and must either be independent of the executive and legislative authorities, or enjoy judicial independence in deciding questions relating to legal proceedings that were judicial in nature.

Committee members discussed various interpretations of the texts as well as comments by interested stakeholders with Mr. Neuman and decided on the wording they would adopt. It was agreed that they would emphasize the right of detainees to be informed, in a language they understood, of their right to initiate proceedings to have a decision taken as to the legality of their detention. The text established that detainees were not only allowed to proceed, but also to expect a decision by the court without delay. It further established that a refusal by a competent court to take a decision on an appeal for the release of a detained person was a violation of paragraph 4 of Article 9 of the Covenant. The text would also highlight the risk of torture and ill-treatment resulting from arbitrary detention and that many of the guarantees under Article 9 procedures were specifically designed to reduce the likelihood of such risks materializing.

Earlier this week, the Committee resumed its consideration of the draft text following on from its work the previous session, when it provisionally adopted the first 41 paragraphs, with the exception of paragraph 15. The Committee will continue the reading of its draft General Comment on Article 9 in a public meeting at 3 p.m. on Thursday, 23 October.

The next public meeting of the Committee will take place at 10 a.m. on Monday, 20 October when it will start its review of the fourth periodic report of Israel (CCPR/C/ISR/4).


For use of the information media; not an official record

CT14(037E