Essay On Deprivation Of Liberty
Deprivation of liberty quite literally is any policy or action that deprives one or takes away their right of liberty and freedom. Under some conditions and cases, deprivation of liberty is permitted and even justified to an extent. However depriving one of his/her liberty in the absence of such conditions, through detainment, arrest, interrogation, incommunicado etc., are not acceptable under the International Covenant on Civil and Political Rights.
Many a times, deprivation of liberty involves arbitrary detention. Arbitrary detention is holding someone in custody for interrogation or arrest without any proper warrant, charge, notice or reason. It is a direct violation of the Article 5 of the European Convention on Human Rights and Article …show more content…
Denial of the detainee’s right to prompt and fair trials, to seek legal counsel, to appeal, and the non-existence of a warrant or reason of such action, by the State.
3. Holding detainees or arrested personnel under legal contempt even after they have served their time and sentence.
4. Administrative detention for asylum-seekers and refugees, who may have entered the jurisdiction of another state/country illegally.
The Working Group on Arbitrary Detention (WGAD) has since its inception, submitted numerous reports on this matter as well as providing many deliberations on how to curb and contain such matters and cases, including a categorical filter of what to recognise as arbitrary, definition of key terms, conditions in different regions, reviews and reports to the UNHRC.
Germany urges the committee to incorporate the documents provided by the WGAD into a resolution, which emphasizes on the importance of humane and fair treatment of all former and current victims of arbitrary detention.
Germany also stresses on the importance of the release of all such detainees who have been subjected to a combination of different violations of human rights. All the states should also agree to recognize their duty to compensate such
Many a times, deprivation of liberty involves arbitrary detention. Arbitrary detention is holding someone in custody for interrogation or arrest without any proper warrant, charge, notice or reason. It is a direct violation of the Article 5 of the European Convention on Human Rights and Article …show more content…
Denial of the detainee’s right to prompt and fair trials, to seek legal counsel, to appeal, and the non-existence of a warrant or reason of such action, by the State.
3. Holding detainees or arrested personnel under legal contempt even after they have served their time and sentence.
4. Administrative detention for asylum-seekers and refugees, who may have entered the jurisdiction of another state/country illegally.
The Working Group on Arbitrary Detention (WGAD) has since its inception, submitted numerous reports on this matter as well as providing many deliberations on how to curb and contain such matters and cases, including a categorical filter of what to recognise as arbitrary, definition of key terms, conditions in different regions, reviews and reports to the UNHRC.
Germany urges the committee to incorporate the documents provided by the WGAD into a resolution, which emphasizes on the importance of humane and fair treatment of all former and current victims of arbitrary detention.
Germany also stresses on the importance of the release of all such detainees who have been subjected to a combination of different violations of human rights. All the states should also agree to recognize their duty to compensate such