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Human Rights in Criminal Proceedings by Trechsel, Stefan

Part Four Measures of Coercion, Ch.18 The Rights Guaranteed to all Persons Deprived of their Liberty

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2019

Subject(s):
Habeas corpus — Right to fair trial — Languages, regional or minority — Imprisonment — Rights of persons deprived of their liberty — Legal representation, right to — Presumption of innocence — Damages — Travaux préparatoires

Despite the obvious similarities between the texts of the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on Human Rights (ACHR) when it comes to the rights guaranteed to all persons deprived of their liberty, quite a number of differences can be observed, particularly in relation to the references to promptness. The ICCPR calls for information at the time of arrest, the ECHR obliges the authorities to convey the information promptly, and the ACHR makes no reference to time in the obligation to inform of the reasons of arrest. All three texts require that information be given in relation to any charges. This must occur promptly in all three cases. This chapter discusses the right to be informed of the reasons for the arrest, the right to habeas corpus proceedings, and the right to compensation.

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