A/HRC/30/37 Principle 13 Burden of proof 21. In every instance of detention, the burden of establishing the legal basis and the reasonableness, necessity and proportionality of the detention lies with the authorities responsible for the detention. Principle 14 Standard of review 22. No restriction may be imposed on the court’s authority to review the factual and legal basis of the arbitrariness and lawfulness of the deprivation of liberty. 23. The court shall consider all available evidence that has a bearing on the arbitrariness and lawfulness of detention, namely, the grounds justifying the detention, and its necessity and proportionality to the aim sought in view of the individual circumstances of the detainee, and not merely its reasonableness or other lower standards of review. 24. In order to determine that a case of deprivation of liberty is non-arbitrary and lawful, the court shall be satisfied that the detention was carried out on grounds and according to procedures prescribed by national law and that are in accordance with international standards, and that, in particular, it was and remains non-arbitrary and lawful under both national and international law. Principle 15 Remedies and reparations 25. Any person arbitrarily or unlawfully detained is guaranteed access to effective remedies and reparations capable of providing restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparations should be adequate, effective and prompt. States shall undertake prompt, effective and impartial investigations wherever there is reasonable ground to believe that detention has been arbitrary. The duty applies in any territory under a State’s jurisdiction or wherever the State exercises effective control, or otherwise as the result of its actions or omissions of its servants. The right to reparation cannot be rendered ineffective by amnesties, immunities, statutes of limitations or other defence of the State. 26. Where a court determines that the deprivation of liberty is arbitrary or unlawful, it shall order a conditional or unconditional release from detention. Relevant authorities shall give immediate effect to any order for release. Principle 16 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 27. All detained persons in a situation of armed conflict as properly characterized under international humanitarian law, or in other circumstances of public danger or other emergency that threatens the independence or security of a State, are guaranteed the exercise of the right to bring proceedings before a court to challenge the arbitrariness and lawfulness of the deprivation of liberty and to receive without delay appropriate and accessible remedies. This right and corresponding procedural guarantees complement and mutually strengthen the rules of international humanitarian law. 28. Domestic legislative frameworks should not allow for any restriction on the safeguards of persons deprived of their liberty concerning the right to bring proceedings 9