Hierarchy of management that covers different levels of management
Right to liberty
1. International Covenant on Civil and Political Rights Right to liberty and security of person *Article 9 *General Comment No. 8 *Cases: Kone v. Senegal Lumanog and Santos v. Philippines Vivian Rong 法律二t99a01112
2. Article 9 Narrowly understood, incomplete info. Para. 1 alldeprivations of liberty: *criminal cases *mental illness *vagrancy *drug addiction *educational purposes *immigration control *etc (1)Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
3. Article 9 (2)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.
4. Article 9 Insufficient info. about the actual practice (3)Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgments. Para. 2 *More precise time-limits are fixed by law *delays must not exceed a few days Welcome info. on mechanisms & reduction Para. 3 *Pre-trial pending detention: an exception& as short as possible
5. Article 9 (4)Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
6. Article 9 (5)Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. Para.1 ICPPR Art. 2 (c): in other cases Para. 5 Preventive protection for the reasons of public security: *(1) must be based on grounds and procedures established by law (2) the reasons must be given (4) court control of the detention (5) compensation in the case of a breach *criminal charges: the full protection of (2)& (3)& Art. 14
