VOLUME 128

DETENTION UNDER INTERNATIONAL LAW:
LIBERTY AND PERMISSIBLE DETENTION

Introduction and Commentary by Kristen Boon

A. THE RIGHT TO LIBERTY AND SECURITY OF THE PERSON

1. UNIVERSAL INSTRUMENTS

DOCUMENT NO. 1: Universal Declaration of Human Rights, December 10, 1948

DOCUMENT NO. 2: International Covenant on Civil and Political Rights, December 16, 1966

DOCUMENT NO. 3: Convention on the Rights of the Child, November 20, 1989

2. REGIONAL INSTRUMENTS

DOCUMENT NO. 4: European Convention on Human Rights, as amended by Protocols Nos. 11 and 14, November 4, 1950

DOCUMENT NO. 5: Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms, May 26, 1995

DOCUMENT NO. 6: American Convention on Human Rights, November 22, 1969

DOCUMENT NO. 7: Organization of the American States American Declaration of the Rights and Duties of Man, April 1948

DOCUMENT NO. 8: African Charter of Human and Peoples' Rights (Banjul Charter), June 27, 1981

DOCUMENT NO. 9: Arab Charter on Human Rights, May 22, 2004


B. PERMISSIBLE DETENTION

1. LAWFUL DETENTION

DOCUMENT NO. 10: Pinheiro and Dos Santos v. Paraguay, 11.506, Inter-American Commission on Human Rights, December 27, 2002

a. ADMINISTRATIVE DETENTION

DOCUMENT NO. 11: Human Rights Council Resolution 6/4, Sept. 28, 2007

b. PREVENTATIVE DETENTION

DOCUMENT NO. 12: Human Rights Committee, General Comment 8, June 30, 1982

2. ARBITRARY DETENTION

DOCUMENT NO. 13: Mukong v. Cameroon, Human Rights Committee, July 21, 1994

DOCUMENT NO. 14: Fox, Campbell and Hartley v. The United Kingdom, 12244/86, 12245/86, and 12383/86, Judgment of the Chamber, European Court of Human Rights, August 30, 1990

DOCUMENT NO. 15: Saadi v. The United Kingdom, 13229/03, Judgment of the Grand Chamber, European Court of Human Rights, January 29, 2008

DOCUMENT NO. 16: Article 19 v. Eritrea, 275/2003, African Commission on Human and Peoples' Rights, May 30, 2007

DOCUMENT NO. 17: Gangaram-Panday v. Suriname, Inter-American Court of Human Rights, January 21, 1994

DOCUMENT NO. 18: Álvarez and Íñiquez v. Ecuador, Inter-American Court of Human Rights, November 21, 2007