This is the primary human rights law in the UK. The HRA sets the following common procedural safeguards for a person who is arrested or detained: The person must be told why they are being detained; They must be brought before a judge promptly – i.e. without undue delay; The person can challenge the lawfulness […]
Article 35 outlines states that someone can be detained: When they been sentenced by a court after they’ve been found guilty; For the purpose of bringing him before a court because of a court order or where there is reasonable suspicion the person has committed a criminal offence; If detention is reasonably necessary to prevent a […]
The claimants were displaced persons whose refugee camp was raided by police who rounded up and arrested the people in the camp. None of the claimants were informed of the reason for their arrest, were granted a lawyer and they were held without charge for 12 months. The ACmHPR held that this amounted to a […]
It was alleged that the claimant demanded a dowry payment from his future wife’s family and drove his future wife out of his home when she refused. He was then arrested for requesting a dowry payment. After not being granted bail, the claimant brought a challenge to the Indian Supreme Court. The court noted that […]
In this case, the court ruled that it has the power to review the work of the senate and any other organ of government. This is particularly important where laws created by the senate are being challenged.
In this case, the arrest of an individual for attempted murder was ultra vires because it was carried out without a warrant and without sufficient evidence for the police to have a reasonable suspicion the defendant committed the crime.
In this case, the police were ordered to pay R560,000 in damages for the unlawful arrest and detention of a young boy. The police arrested the boy as he was walking home from school, he was put in the back of a police van, handcuffed and fell around the back of the van when it […]
In this case, the African Commission on Human and People’s Rights ruled that the arrest and detention of ethnic tutsis solely on the basis of their ethnicity was a grave violation of the right to liberty and security.
A case where the IACtHR found that an arrest that was undertaken without a written order issued by a judge was a violation of the right to liberty, among many other grave human rights violations in that case.
“No person shall be deprived of his life or personal liberty except according to a procedure established by law.” An example of the right to liberty protected under a national constitution.
