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Part Four Measures of Coercion, Ch.17 Liberty and Security of Person:

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Right to fair trial — Right to liberty and security of person — Imprisonment — Habeas corpus — Presumption of innocence — Travaux préparatoires — Terrorism — Terrorism, financing — Rape and sexual violence — Unlawful confinement — Fact-finding and inquiry

This chapter discusses deprivations of liberty and the rules on imprisonment. The character of the human rights involved in this context differs markedly from those in relation to the guarantee of a fair trial. The intervention of the human rights instruments is designed to restrain the prosecution authorities, to ensure that measures such as detention, wire-tapping, and search and seizure are based on appropriate legal regulations, and to restrict any interference to a degree which can reasonably be accepted as ‘necessary’. The importance of personal liberty in criminal proceedings is discussed, along with the notion of personal liberty, the notion of security of person, arrest and detention, coercion and waiver, relativity of the notion of deprivation of liberty, exceptions to liberty of person, specific aspects of lawfulness of detention on remand, and detention to prevent unauthorised entry.

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