A/HRC/30/37 Annex Basic Principles and Guidelines on Remedies and Procedures on the Right of Persons Deprived of Their Liberty to Bring Proceedings Before a Court I. Principles Principle 1 Right to be free from arbitrary or unlawful deprivation of liberty 1. Recognizing that everyone has the right to be free from arbitrary or unlawful deprivation of liberty, everyone is guaranteed the right to take proceedings before a court in order that that court may decide on the arbitrariness or lawfulness of the detention, and to obtain without delay appropriate and accessible remedies. Principle 2 Responsibilities of the State and others 2. National legal systems at the highest possible level, including, where applicable, in the Constitution, must guarantee the right to take proceedings before a court to challenge the arbitrariness and lawfulness of detention and to receive without delay appropriate and accessible remedies. A comprehensive set of applicable procedures shall be enacted to ensure that the right is accessible and effective, including the provision of procedural and reasonable accommodation, for all persons in all situations of deprivation of liberty. The human and financial resources necessary shall be allocated to the administration of the justice system. The right to bring such proceedings before a court must also be protected in private relationships such that the duties apply to international organizations and, under certain circumstances, to non-State actors. Principle 3 Scope of application 3. Any individual who is deprived of liberty in any situation by or on behalf of a governmental authority at any level, including detention by non-State actors that is authorized by domestic law, has the right to take proceedings before a court in the State’s jurisdiction to challenge the arbitrariness and lawfulness of his or her deprivation of liberty and to receive without delay appropriate and accessible remedies. Exerting authority over any form of detention will constitute the effective control over the detention and make the detainee subject to the State’s jurisdiction. Involvement in detention will give the State the duty to ensure the detainee’s right to bring proceedings before a court. Principle 4 Non-derogability 4. The right to bring proceedings before a court to challenge the arbitrariness and lawfulness of detention and to obtain without delay appropriate and accessible remedies is not derogable under international law. 5. The right is not to be suspended, rendered impracticable, restricted or abolished under any circumstances, even in times of war, armed conflict or public emergency that threatens the life of the nation and the existence of which is officially proclaimed. 6