The UN Human Rights Committee recalled that, in order to avoid a characterization of arbitrariness, detention should not continue beyond the period for which the State Party can provide appropriate justification.
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Key Words Archives: Reasonable time
UN Human Rights Committee (CCPR), Nystrom v. Australia, Communication 1557/2007, Views of 18 July 2011
On 05/09/2022 in
The UN Human Rights Committee recalled that although under article 9 of the International Covenant on Civil and Political Rights (ICCPR) the detention of aliens residing unlawfully on the State Party’s territory is not per se arbitrary, remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case: the element of proportionality becomes relevant.
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UN Human Rights Committee (CCPR), Samba Jalloh v. Netherlands, Communication 794/1998, Views of 15 April 2002
On 05/09/2022 in
The UN Human Rights Committee noted that under article 9 of the International Covenant on Civil and Political Rights (ICCPR) ‘arbitrariness’ must be interpreted more broadly than ‘against the law’ to include elements of unreasonableness.
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UN Human Rights Committee (CCPR), A. v. Australia, Communication 560/1993, Views of 3 April 1997
On 05/09/2022 in
The UN Human Rights Committee stated that detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as it extends in time.
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General comment No. 35 (2014) of the UN Human Rights Committee (CCPR) on Article 9: Liberty and Security of a person
On 05/09/2022 in
The UN Human Rights Committee stated that detention in the course of proceedings for the control of immigration is not per se arbitrary, but the detention must be justified as reasonable, necessary and proportionate in the light of the circumstances and reassessed as it extends in time.
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CJEU, Hassen El Dridi case, Case no. C-61/11 PPU, 28 April 2011
On 05/09/2022 in
The CJEU found that the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Members States for returning illegally staying third-country nationals must be interpreted as precluding a Member State’s legislation which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that they remain, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.
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