A/HRC/27/47
Annex
[English only]
Catalogue of national legal frameworks citing the right
to challenge the lawfulness of detention before court
1.
On 17 June 2013, the Office of the United Nations High Commissioner for Human
Rights, in its capacity as Secretariat of the Working Group on Arbitrary Detention,
transmitted a Note Verbale to the Permanent Missions to the United Nations and to the
United Nations Office at Geneva informing them that, in accordance with Human Rights
Council resolution 20/16 of 6 July 2012, paragraph 10, the Working Group is in the process
of preparing draft basic principles and guidelines on remedies and procedures on the right
of anyone deprived of his or her liberty to challenge the lawfulness of detention before
court.
2.
As these principles and guidelines are being developed with the aim of assisting
Member States in fulfilling their obligation to avoid arbitrary deprivation of liberty in
compliance with international human rights law, the Working Group was directed by the
Council, in paragraph 11(a) of res. 20/16, to seek the views of Governments in their
preparation. The Working Group thereby transmitted a questionnaire, requesting
Governments to provide, inter alia, how Article 9(4) of the International Covenant on Civil
and Political Rights is incorporated into their domestic legislation. States not party to the
International Covenant were requested to provide the legal framework regulating the right
of anyone deprived of his or her liberty by arrest or detention to bring proceedings before
court, in order that the court may decide without delay on the lawfulness of his or her
detention.
3.
The questionnaire was completed and returned to the Working Group by 44 Member
States. As notified, all replies have been posted on the web page of the Working Group and
made available to the public.23 The entire responses have been taken in to account in
developing the draft principles and guidelines. Reproduced in tabular format below are only
the national legal provisions incorporating article 9 (4) of the International Covenant, or the
abovementioned right, in to domestic law.
State
Legal instrument
Relevant provisions
ARGENTINA
Constitution (Constitución Nacional)
Art. 43
Criminal Code of Procedure(Código
Procesal Penal de la Nación)
Arts. 280, 316-319
National Mental Health Law
(Ley Nacional de Salud Mental, 26.657,
publicada en el Boletín Oficial el
3/12/2010)
Arts. 14, 20, 22
Constitution of the Republic of Armenia
Arts. 16, 16 Part 4, 18 Part 1
Criminal Code
Art. 348
ARMENIA
23
http://www.ohchr.org/EN/Issues/Detention/Pages/DraftBasicPrinciples.aspx.
21
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