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Human Rights in Criminal Proceedings$
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Stefan Trechsel

Print publication date: 2006

Print ISBN-13: 9780199271207

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199271207.001.0001

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The Rights Guaranteed to all Persons Deprived of their Liberty

The Rights Guaranteed to all Persons Deprived of their Liberty

Chapter:
(p.455) Chapter 18 The Rights Guaranteed to all Persons Deprived of their Liberty
Source:
Human Rights in Criminal Proceedings
Author(s):

Stefan Trechsel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199271207.003.0018

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.

Keywords:   liberty, promptness, compensation, habeas corpus, arrest, European Convention on Human Rights, right to information

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