The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
Covenant.18 Such protection applies to arrested persons as
well: “All persons deprived of their liberty shall be treated
with humanity and with respect for the inherent dignity of
the human person.”19
Liberty and security of the person, in the form of freedom
from arbitrary arrest and detention, constitute one of the
crucial elements of the ICCPR. Article 9 (1) clearly declares
that “[e]veryone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or
detention. No one shall be deprived of his liberty except on
such grounds and in accordance with such procedure as are
established by law.” Besides, anyone who is arrested has the
right to be informed, at the time of arrest, of the reasons for
his arrest, and to be promptly informed of any charges against
him.20 The Covenant also stipulates that anyone arrested on a
criminal charge shall be brought promptly before a judge and
shall be entitled to trial within a reasonable time or to
release.21 Besides, anyone who is deprived of liberty by arrest
or detention has the right to take proceedings before a
court.22 The same Article also provides that anyone who has
been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.23 The Covenant also
guarantees procedural fairness in law, in the form of rights to
20
Clause 2, Article 9 of the ICCPR.
Clause 3.
22
Clause 4.
23
Clause 5.
21
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