A/HRC/30/37 (a) The legal basis for the detention in question is in conformity with international standards; (b) The detention is justified in accordance with the principles of necessity, reasonableness and proportionality; (c) Other less intrusive means of achieving the same objectives have been considered in the individual case. 84. The burden of proof must be met in a manner that is known in detail to the detainee, complete with supporting evidence, including those who are defendants in security-related cases. Guideline 15 Standard of review 85. When reviewing the arbitrariness and lawfulness of the detention, the court is empowered: (a) To examine and act on the elements of inappropriateness, injustice, lawfulness, legality, predictability, and due process of law, and on basic principles of reasonableness, proportionality and necessity. Such an examination will take into account details such as age, gender and marginalized groups; (b) To consider whether the detention remains justified or whether release is warranted in the light of all the changing circumstances of the detained individual’s case, including health, family life, protection claims or other attempts to regularize one’s status; (c) To consider and make a pronouncement on whether alternatives to detention have been considered, including non-custodial alternatives to detention in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules); (d) To take into account any orders of detention made subsequent to the commencement of court proceedings and prior to the rendering of the court’s decision. 86. When assessing whether the measures taken are in compliance with international standards, the prohibition of particular grounds of detention or forms of detention are to be complied with, and the needs of specific persons affected and any vulnerability are to be taken into consideration, given that the arbitrariness and unlawfulness of detention may include the unsuitability of detention for the persons in question. Guideline 16 Remedies and reparations 87. Judicial orders of release must be executed as soon as they become operative, as continued detention would be considered arbitrary. 88. A copy of the decision finding the detention arbitrary or unlawful is to be transmitted to the person concerned, with notification of the procedures for obtaining reparations. The person has the right to full compensation for material harm, elimination of the consequences of material harm and restoration of all rights that were either denied or infringed. 19