This chapter is devoted to procedures required to prevent the arbitrary detention of persons who have been arrested with a view to prosecution and trial for a criminal offence. These procedures are not listed in the treaties as non-derogable, and have in practice been curtailed in the context of counter-terrorism practices. However, before examining examples of how the treaty bodies have treated derogations from these procedures, it is necessary to first outline what is required outside states of emergency. The procedures that will be described below are only...
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