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Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966

Macken, Claire 2005, Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966, Adelaide law review, vol. 26, no. 1, pp. 1-28.

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Title Preventative detention and the right of personal liberty and security under the International Covenant on Civil and Political Rights, 1966
Author(s) Macken, Claire
Journal name Adelaide law review
Volume number 26
Issue number 1
Start page 1
End page 28
Publisher Adelaide Law Review Association of the Faculty of Law, University of Adelaide
Place of publication Adelaide, S. Aust.
Publication date 2005
ISSN 0065-1915
Summary Preventive detention enables a person to be deprived of liberty, by executive determination, for the purposes of safeguarding national security or public order without that person being charged or brought to trial. This paper examines Article 9(1) of the International Covenant on Civil and Political Rights, 1966 to assess whether preventive detention is prohibited by the phrase 'arbitrary arrest and detention '. To analyse this Article, this paper uses a textual and structural analysis of the Article, as well as reference to the travaux preparatoires and case law of the Human Rights Committee. This paper argues that preventive detention is not explicitly prohibited by Article 9(1) ofthe International Covenant on Civil and Political Rights 1966. If preventive detention is 'arbitrary', within the wide interpretation of that term as argued in this paper, it will be a permissible deprivation of personal liberty under Article 9(1) of the International Covenant on Civil and Political Rights, 1966. Preventive detention will, however, always be considered 'arbitrary' if sajeguards for those arrested and detained are not complied with, in particular the right to judicial review of the lawfulness of detention.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003466

Document type: Journal Article
Collection: Law
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