A/HRC/27/47 Annex [English only] Catalogue of national legal frameworks citing the right to challenge the lawfulness of detention before court 1. On 17 June 2013, the Office of the United Nations High Commissioner for Human Rights, in its capacity as Secretariat of the Working Group on Arbitrary Detention, transmitted a Note Verbale to the Permanent Missions to the United Nations and to the United Nations Office at Geneva informing them that, in accordance with Human Rights Council resolution 20/16 of 6 July 2012, paragraph 10, the Working Group is in the process of preparing draft basic principles and guidelines on remedies and procedures on the right of anyone deprived of his or her liberty to challenge the lawfulness of detention before court. 2. As these principles and guidelines are being developed with the aim of assisting Member States in fulfilling their obligation to avoid arbitrary deprivation of liberty in compliance with international human rights law, the Working Group was directed by the Council, in paragraph 11(a) of res. 20/16, to seek the views of Governments in their preparation. The Working Group thereby transmitted a questionnaire, requesting Governments to provide, inter alia, how Article 9(4) of the International Covenant on Civil and Political Rights is incorporated into their domestic legislation. States not party to the International Covenant were requested to provide the legal framework regulating the right of anyone deprived of his or her liberty by arrest or detention to bring proceedings before court, in order that the court may decide without delay on the lawfulness of his or her detention. 3. The questionnaire was completed and returned to the Working Group by 44 Member States. As notified, all replies have been posted on the web page of the Working Group and made available to the public.23 The entire responses have been taken in to account in developing the draft principles and guidelines. Reproduced in tabular format below are only the national legal provisions incorporating article 9 (4) of the International Covenant, or the abovementioned right, in to domestic law. State Legal instrument Relevant provisions ARGENTINA Constitution (Constitución Nacional) Art. 43 Criminal Code of Procedure(Código Procesal Penal de la Nación) Arts. 280, 316-319 National Mental Health Law (Ley Nacional de Salud Mental, 26.657, publicada en el Boletín Oficial el 3/12/2010) Arts. 14, 20, 22 Constitution of the Republic of Armenia Arts. 16, 16 Part 4, 18 Part 1 Criminal Code Art. 348 ARMENIA 23 http://www.ohchr.org/EN/Issues/Detention/Pages/DraftBasicPrinciples.aspx. 21

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