A/HRC/30/37
89.
In the event of a detainee’s death, the right to compensation in accordance with
established procedures falls to the detainee’s heirs.
90.
The enforceable right to receive compensation for anyone determined to have been
arbitrarily or unlawfully detained and for any harm suffered by the person as a result of
unlawful deprivation of liberty, irrespective of whether the detaining authorities were
responsible for such harm, shall be regulated by comprehensive legislation. Compensation
shall also be made available to persons subjected to criminal charges that were
subsequently dropped.
91.
Compensation out of the public treasury of the State, federal entity or municipality
for material damage suffered by a victim of arbitrary of unlawful detention may include
earnings, pensions, social benefits and other monies lost as a result of the criminal
prosecution; any property of the victim that was seized or otherwise appropriated by the
State on the basis of a conviction or court ruling; compensation for lack of health care,
rehabilitation, and accessible and reasonable accommodation in the place of detention; fines
and trial costs borne by the victim as a result of the enforcement of the conviction; the
victim’s legal costs; and other costs.
92.
Victims of arbitrary or unlawful detention shall, in accordance with the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, also have an enforceable right before the competent domestic authority
to prompt and adequate:
(a)
Restitution;
(b)
Rehabilitation;
(c)
Satisfaction;
(d)
Guarantees of non-repetition.
Guideline 17
Exercise of the right to bring proceedings before a court in situations of armed
conflict, public danger or other emergency threatening the independence or security
of a State
93.
Where persons who have or are suspected to have engaged in the preparation,
commission or instigation of acts of terrorism are deprived of their liberty:
(a)
They shall be immediately informed of the charges against them, and be
brought before a competent and independent judicial authority as soon as possible,
within a reasonable period of time;
(b)
They shall enjoy the effective right to judicial determination of the
arbitrariness and lawfulness of their detention;
(c)
The exercise of the right to judicial oversight of their detention shall
not impede the obligation of the law enforcement authority responsible for the
decision to detain or to maintain the detention to present suspects before a competent
and independent judicial authority within a reasonable period of time. Such persons
shall be brought before the judicial authority, which will then evaluate the
accusations, the basis of the deprivation of liberty and the continuation of the
judicial process;
(d)
In the proceedings against them, suspects shall have a right to enjoy the
necessary guarantees of a fair trial, access to legal counsel and the ability to present
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents