A/HRC/21/50 unlawful.46 The term ―arbitrary‖ needs to be considered in terms of appropriateness, proportionality and reasonableness.47 Lawfulness of detention is to be considered as both lawfulness under domestic law and lawfulness under international law. 48 44. The commission therefore notes the conditions of detention provided for in the Syrian Arab Republic‘s domestic law. Article 4 of the State of Emergency Act (SEA) authorises the Military Governor to impose, through oral or written orders, ―restrictions on the rights of people to the freedom of assembly, residence, transport, and movement, and to arrest suspected people or those threatening public security on a temporary basis, and to authorize investigations of persons and places at any time, and to allow any person to perform any task‖.49 This provision has provided grounds for the arrest of peaceful demonstrators. 45. The SEA also provides for the detention of suspects for ―crimes committed against State security and public order‖ and ―crimes committed against public authorities‖. 50 The commission observes that these crimes do not appear to be further defined in the Syrian Arab Republic‘s domestic laws. The SEA also permits the security forces to hold suspects in preventive detention without judicial oversight for indefinite periods. 46. The commission observes that in April 2011, the Syrian Arab Republic‘s Code of Criminal Procedure — which previously required suspects to be brought before a judicial authority within 24 hours of arrest or else be released 51 — was amended to allow suspects to be held for up to seven days, pending investigation and the interrogation of suspects for certain crimes. This period is renewable up to a maximum of 60 days. 52 D. Enforced disappearance 47. While the Syrian Arab Republic is not a party to the specialized convention concerning enforced disappearances, 53 it is a party to the ICCPR, provisions of which are infringed by enforced disappearance. Such action violates a person‘s right to recognition as a person before the law,54 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 detention. Disappearance may also be associated with torture and other forms of cruel, inhuman or degrading treatment and extrajudicial execution, in violation of the right to life, prohibition on torture and other forms of cruel, inhuman or degrading treatment.55 46 47 48 49 50 51 52 53 54 55 The ICCPR also provides for a right of compensation for unlawful arrest or detention. A. v. Australia, Human Rights Committee, communication No. 560/1993, CCPR/C/59/D/560/1993, 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 Van Alphen v. The Netherlands, Human Rights Committee, communication No.305/1988, CCPR/C/39/D/305/1988. See for instance, A. v Australia, Human Rights Committee, communication No. 560/1993, CCPR/C/59/D/560/1993, para.9.5. While the state of emergency was lifted on 21 April 2011, the Government did not abolish the SEA, which remains in force under Syrian domestic law. State of Emergency Act, art. 6. Code of Criminal Procedure, Law No. 112 of 1950 as amended, arts. 104 (1) and (2). Legislative Decree No. 55/2011, amending article 17 of the Code of Criminal Procedure. International Convention on the Protection of all Persons from Enforced Disappearance, 2006. Article 9 ICCPR. The Human Rights Committee in its General Comment No 20 (1992), para. 11, on Article 7 of the ICCPR, recognized that safeguards against torture included having provisions against incommunicado 55