A/HRC/17/44 in particular more detail concerning the actions taken by demonstrators in these days in order to assess the response by Government authorities. B. Arbitrary detentions and enforced disappearances 1. Introduction 90. Claims have been made of hundreds of arbitrary detentions of persons and/or their enforced disappearance as part of a Government repression of dissent. Particular groups who have been said to be subject to such treatment include those associated with the protests and journalists. The Human Rights Council in its resolution S-15/1 expressed its “deep concern” at the “arbitrary arrests, detention and torture of peaceful demonstrators”. The Commission held over fifty interviews with persons (including detainees, their families and eyewitnesses in Libya, Egypt and Tunisia) who referred to cases of arbitrary detention and disappearance both during the demonstration and armed conflict periods. The Commission has also been provided with information from a variety of human rights organizations. The Commission has not been in a position to verify the hundreds of cases put to it by other organizations, however, it has sought to investigate whether a pattern of arbitrary arrests and/or detentions occurred. 2. Applicable law (a) Arbitrary detention 91. Article 9 of the Covenant on Civil and Political Rights prohibits arbitrary arrest or detention of individuals. It provides that “no one shall be deprived of liberty except on such grounds and in accordance with such procedures as are established by law”. Persons arrested are to be informed at the time of arrest of the reasons for the arrest and promptly informed of any charges (art. 9, para. 2). Anyone arrested or detained on a criminal charge is to be brought promptly before a judge or other officer authorized by law to exercise judicial power and is entitled to trial within a reasonable period or release (art. 9, para. 3). Persons have a right to take proceedings before a court for the purposes of reviewing the lawfulness of detention and to be released if the detention is unlawful (the Covenant also provides for a right of compensation for unlawful arrest or detention). Lawfulness of detention is to be considered as both lawfulness under domestic law and lawfulness under international law.72 The term “arbitrary” needs to be considered in terms of appropriateness, proportionality and reasonableness.73 (b) Enforced disappearance 92. While the Libyan Arab Jamahiriya is not a party to the International Convention for the Protection of All Persons from Enforced Disappearance, it is a party to the Covenant on Civil and Political Rights, provisions of which are infringed by enforced disappearance. Such action violates a person‟s right to recognition as a person before the law (art. 16 of the Covenant), and to liberty and security and freedom from arbitrary detention, including the right to be brought promptly before a judge or other official for review of the lawfulness of 72 73 28 See, for instance, Human Rights Committee, A. v. Australia, communication No. 560/1993, CCPR/C/59/D/560/1993, para. 9.5. Ibid., para. 9.2. In considering unlawful remand, the Committee has also highlighted that factors of inappropriateness, injustice and lack of predictability that may render arbitrary an otherwise lawful detention; see Human Rights Committee, Van Alphen v. The Netherlands, communication No. 305/1988.