A/HRC/27/47 D. ASEAN region 59. The ASEAN Human Rights Declaration (2012) guarantees the right to personal liberty and security and to be free from arbitrary arrest, search, detention, abduction or any other form of deprivation of liberty (article 12). In the Phnom Penh Statement adopting the Declaration, ASEAN and its member States reiterated their commitment to, inter alia, the Universal Declaration of Human Rights and other international human rights instruments to which ASEAN member States are parties. E. Europe 60. Article 5, paragraph 4, of the European Convention on Human Rights (1950) provides that “everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful”. Victims of unlawful arrest or detention have an enforceable right to compensation (art. 5 (5)). The European Court of Human Rights has clarified the right to court review in its extensive jurisprudence, to which the Working Group on Arbitrary Detention continues to give great weight in its own jurisprudence. The Court has stated that the purpose of article 5, paragraph 4, is to grant persons deprived of liberty the right to challenge the interference with that right through rapid, effective judicial review of the legality of the measure. The right to court review of detention in domestic legislation must be effective and real, allowing for accessibility and certainty. The procedure is to be guided by the adversarial principle and equality of arms. Generally, this requires a hearing of the detainee before the judicial organ, a body independent of the executive, with a guarantee of impartiality and the force to implement its decisions. Legal counsel is mandatory in cases of minors, internment in psychiatric centres, and cases concerning discretional life sentences. A decision should be attained in the shortest time possible. The Charter of Fundamental Rights of the European Union recognizes, in article 6, the right to liberty and security, among a range of personal, civil, political, economic and social rights of European Union citizens and residents, and enshrines them into European Union law. IV. National legal frameworks 61. The 44 responses to the Working Group’s questionnaire from United Nations Member States and the 18 from national human rights institutions are posted on the Working Group’s webpage. A catalogue of Member States’ relevant legal frameworks is replicated in tabular format in the annex to the present report. The prohibition of arbitrary deprivation of liberty and the right of anyone deprived of his or her liberty to bring proceedings before a court in order to challenge the legality of the detention are uniformly and generally adopted in the domestic legislation of States, usually in constitutional provisions or otherwise recognized to be of a fundamental nature in the domestic legal order. The States expressly declare in their replies to the questionnaire that they comply with international law, as they do in their reporting to other United Nations human rights bodies and in statements in the Human Rights Council and other United Nations organs. In these contexts, and in the different forms of State-to-State peer review, it is made clear that, whether or not they have ratified the International Convention on Civil and Political Rights, they regard themselves bound by international law on court review of detention. 62. The responses submitted by non-State stakeholders are also posted on the Working Group’s website. These contributions have been taken into account in preparing the draft principles and guidelines on the right to challenge the lawfulness of detention. The 18

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