A/HRC/19/57
(h)
Non-derogability: even in cases provided for in article 4 of the Covenant, and
in cases of armed conflict – whether between two or more States parties or within the same
State party – in conformity with the Geneva Conventions. Provision to that effect has been
made by all human rights bodies of the United Nations system (see Commission on Human
Rights resolution 1993/36, para. 16, and many others, including resolution 1994/32, which
refers to habeas corpus as “a personal right not subject to derogation, including during
states of emergency”).
64.
Constitutional or legal provisions governing the remedy of habeas corpus must
provide safeguards against the following indications of a possible infringement of personal
liberty:
(a)
The absence of a detention order;
(b)
The absence of legal grounds for the detention order;
(c)
The judicial body’s lack of independence from the authority that ordered the
deprivation of liberty;
(d)
individual;
The authority’s lack of legal competence to order the detention of an
(e)
Enforcement of a legal detention order by public servants neither authorized
to do so nor duly identified;
(f)
Failure to show the detention order at the time of the arrest;
(g)
Transfer of the detainee to a non-public location not equipped to serve as a
place of detention;
(h)
Use of prolonged incommunicado detention;
(i)
Delay in bringing the detainee before the judicial authority within the shortest
period of time provided for by law;
(j)
Failure to inform the persons closest to the detainee of all relevant
circumstances, especially in the case of minors;
(k)
Failure to notify the diplomatic or consular representative of the detainee’s
country of his or her arrest;
(l)
Failure to record the entry into custody of a detainee in the logbook, as
required by law, at the actual time of his or her admission, and to log in the corresponding
detention order and its justification, the names of the officials who performed the arrest,
and the date and time of the detainee’s admission and appearance before the court;
same;
(m)
Failure to provide notification of the right to an interpreter and the use of
(n)
Denial of bail, or imposition of excessive bail, for release from custody
during the trial;
(o)
Detention resulting from the legitimate exercise of a universally recognized
human right;
(p)
Deprivation of liberty that constitutes the failure, in whole or in part, to
comply with international rules relating to the right to a fair trial;
(q)
Holding immigrants or asylum-seekers in custody for prolonged periods of
time without recourse to other legal remedies for challenging such custody;
law;
20
(r)
Arrest that constitutes an act of discrimination prohibited by international
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