A/HRC/30/37 exculpatory evidence and arguments under the same conditions as the prosecution, all of which should take place in an adversarial process. 94. Where civilians are detained in relation to an international armed conflict, the following conditions are to be ensured: (a) Reconsideration of a decision to intern or to place in assigned residence alien civilians in the territory of a party to an international armed conflict , or civilians in an occupied territory, or appeal in the case of internment or assigned residence, must be undertaken “as soon as possible” or “with the least possible delay”. While the meaning of these expressions must be determined on a case -bycase basis, any delay in bringing a person before the court or administrative board must not exceed a few days and must be proportional in the particular context; (b) Although the particular procedures for reconsideration or appeal are to be determined by the detaining or occupying Power, such proceedings must always be undertaken by a court or administrative board that offers the necessary guarantees of independence and impartiality, and the processes of which include and respect fundamental procedural safeguards; (c) Where decisions to intern or to place a civilian in assigned residence are maintained in accordance with the latter proceedings, internment or residential assignment must be periodically reviewed, at least twice a year. Such a review is to be undertaken by a court or administrative board that offers the necessary guarantees of independence and impartiality, and the processes of which include and respect fundamental procedural safeguards; 95. The right of persons detained as prisoners of war to bring proceedings before court without to delay to challenge the arbitrariness and lawfulness of their detention and to receive appropriate and accessible remedy is to be respected, in order to: (a) Determine whether a person falls within the category of prisoner of war; (b) Act as a check to ensure that a seriously injured or ill prisoner of war is repatriated or transferred to a neutral State; (c) Act as a check to ensure that prisoners of war are released and repatriated without delay after the cessation of active hostilities. 96. With regard to detention in relation to a non-international armed conflict: (a) Administrative detention or internment may only be permitted in the exceptional circumstance where a public emergency is invoked to justify such detention. In such a case, the detaining State must show that: (i) The emergency has risen to a level justifying derogation; (ii) Administrative detention is required on the basis of the grounds and procedures prescribed by law of the State in which the detention occurs and is consistent with international law; (iii) The administrative detention of the person is necessary, proportionate and non-discriminatory, and the threat posed by that individual cannot be addressed by alternative measures short of administrative detention; (b) A person subject to administrative detention has the right to bring proceedings before a court that offers the necessary guarantees of independence and impartiality, and the processes of which include and respect fundamental procedural 21