Article 9 ICCPR protects the right to liberty. Anyone arrested shall be:
Adetained indefinitely without notification (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9)
Btried only in military courts (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9)
Cdetained without charge for any duration (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9) (cf. ICCPR Article 9)
Dinformed at the time of arrest of the REASONS for arrest and promptly informed of charges, brought promptly before a judge, entitled to trial within reasonable time or release, and entitled to take proceedings before a court (habeas corpus)
Answer & Solution
Correct answer: D. informed at the time of arrest of the REASONS for arrest and promptly informed of charges, brought promptly before a judge, entitled to trial within reasonable time or release, and entitled to take proceedings before a court (habeas corpus)
1. ICCPR Article 9 protects the right to liberty and security of person.
2. Article 9(2): anyone arrested informed at time of arrest of REASONS and PROMPTLY informed of charges.
3. Article 9(3): brought PROMPTLY before judge; entitled to trial within reasonable time or release.
4. Article 9(4): entitled to take PROCEEDINGS BEFORE A COURT to test the lawfulness of detention (HABEAS CORPUS).
5. Article 9(5): victim of unlawful arrest has enforceable RIGHT TO COMPENSATION.
6. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — ICCPR Article 9_
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