A/HRC/30/37
6.
The international law review of measures to accommodate practical constraints in
the application of some procedural elements of the right to bring proceedings will depend
upon the character, intensity, pervasiveness and particular context of the emergency and
upon the corresponding proportionality and reasonableness of the derogation. Such
measures must not, in their adoption, represent any abuse of power nor have the effect of
negating the existence of the right to bring such proceedings before a court.
7.
Any such practical measures in the application of the right to bring proceedings
before a court to challenge the detention are permitted only to the extent and for the period
of time strictly required by the exigencies of the situation, provided that such measures are
consistent with the State’s other obligations under international law, including provisions of
international humanitarian law relating to the deprivation of liberty, and are nondiscriminatory.
Principle 5
Non-discrimination
8.
The right to bring proceedings before a court to challenge the arbitrariness and
lawfulness of detention and to receive without delay appropriate and accessible remedies
may be exercised by anyone regardless of race, colour, sex, property, birth, age, national,
ethnic or social origin, language, religion, economic condition, political or other opinion,
sexual orientation or gender identity, asylum seekingor migration status, or disability or any
other status.
Principle 6
The court as reviewing body
9.
A court shall review the arbitrariness and lawfulness of the deprivation of liberty. It
shall be established by law and bear the full characteristics of a competent, independent and
impartial judicial authority capable of exercising recognizable judicial powers, including
the power to order immediate release if the detention is found to be arbitrary or unlawful.
Principle 7
Right to be informed
10.
Persons deprived of their liberty shall be informed about their rights and obligations
under law through appropriate and accessible means. Among other procedural safeguards,
this includes the right to be informed, in a language and a means, mode or format that the
detainee understands, of the reasons justifying the deprivation of liberty, the possible
judicial avenue to challenge the arbitrariness and lawfulness of the deprivation of liberty
and the right to bring proceedings before the court and to obtain without delay appropriate
and accessible remedies.
Principle 8
Time frame for bringing proceedings before a court
11.
The right to bring proceedings before a court without delay to challenge the
arbitrariness and lawfulness of the deprivation of liberty and to obtain without delay
appropriate and accessible remedies applies from the moment of apprehension and ends
with the release of the detainee or the final judgement, depending on the circumstances.
The right to claim remedies after release may not be rendered ineffective by any statute of
limitations.
7
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