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Instrument
Provision
Text
9(2)
Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
16(5)
Migrant workers and members of their families who are arrested shall be informed at the time of arrest as far as possible in a language they understand of the reasons for their arrest and they shall be promptly informed in a language they understand of any charges against them.
37(d)
Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
10
Anyone who is arrested shall be informed at the time of his arrest of the reason for his arrest and shall be promptly informed of any charges against him.
11(2)
A detained person and his counsel, if any, shall receive prompt and full communication of any order of detention, together with the reasons therefor.
12
1. There shall be duly recorded:
(a) The reasons for the arrest;
(b) The time of the arrest and the taking of the arrested person to a place of custody as well as that of his first appearance before a judicial or other authority;
(c) The identity of the law enforcement officials concerned;
(d) Precise information concerning the place of custody.
2. Such records shall be communicated to the detained person, or his counsel, if any, in the form prescribed by law
(a) The reasons for the arrest;
(b) The time of the arrest and the taking of the arrested person to a place of custody as well as that of his first appearance before a judicial or other authority;
(c) The identity of the law enforcement officials concerned;
(d) Precise information concerning the place of custody.
2. Such records shall be communicated to the detained person, or his counsel, if any, in the form prescribed by law
P33
Those detained in the course of migration proceedings have the right to be informed, in writing and in a language which they understand, of the nature of and grounds for the decision to detain, the duration of detention, as well as of the possibility to challenge the legality and arbitrariness of such decision.
I.10
Persons deprived of their liberty shall be informed about their rights and obligations under law through appropriate and accessible means. Among other procedural safeguards, this includes the right to be informed, in a language and a means, mode or format that the detainee understands, of the reasons justifying the deprivation of liberty, the possible judicial avenue to challenge the arbitrariness and lawfulness of the deprivation of liberty and the right to bring proceedings before the court and to obtain without delay appropriate and accessible remedies.
II.48
A strict legality requirement is applicable to both the form of the legal basis and the procedure for its adoption. The legal framework that establishes the process to challenge the arbitrariness and lawfulness of detention shall have a sufficient degree of precision, be drafted in clear and unambiguous language, be realistically accessible and ensure that the exact meaning of the relevant provisions and the consequences of its application are foreseeable to a degree reasonable for the circumstances.
II.53(d)
In undertaking the review of the detention, the court has the authority:
(d) To render and publicize its decision on the arbitrariness and lawfulness of the detention without delay and within established deadlines. In addition to being reasoned and particularized, the court’s decision should be clear, precise, complete and sufficient, the contents of which should be made understood in a language and a means, mode or format that the detainee understands. In the event of an unsuccessful challenge, the court, in its decision, must provide reasons for why the individual should remain in detention in the light of the principle that liberty should be the rule and detention the exception. If further restrictions on the liberty of the individual are under consideration, such consideration shall be dealt with in compliance with the principles of international law.
(d) To render and publicize its decision on the arbitrariness and lawfulness of the detention without delay and within established deadlines. In addition to being reasoned and particularized, the court’s decision should be clear, precise, complete and sufficient, the contents of which should be made understood in a language and a means, mode or format that the detainee understands. In the event of an unsuccessful challenge, the court, in its decision, must provide reasons for why the individual should remain in detention in the light of the principle that liberty should be the rule and detention the exception. If further restrictions on the liberty of the individual are under consideration, such consideration shall be dealt with in compliance with the principles of international law.
II.56
The factual and legal basis for the detention shall be disclosed to the detainee and/or his or her representative without delay so as to provide adequate time to prepare the challenge. Disclosure includes a copy of the detention order, access to and a copy of the case file, in addition to the disclosure of any material in the possession of the authorities or to which they may gain access relating to the reasons for the deprivation of liberty.
II.57
In any facility where persons are deprived of their liberty, the detaining authorities must inform detainees of their entitlement to bring proceedings and to receive a reasoned and individualized decision without delay, including on how to commence the procedure and potential consequences of voluntarily waiving those rights. Such information should be provided in a manner that is gender- and culture-sensitive and corresponds to the needs of specific groups, including illiterate persons, minorities, persons with disabilities, older persons, indigenous peoples, non-nationals, including migrants regardless of their migration status, refugees, asylum seekers, stateless persons and children. The information shall be provided in a language and a means, mode or format that is accessible and that the said persons understand, taking into account augmentative and alternative means of communications for persons with a mental or physical impairment. In the case of children, information must be provided in a manner appropriate to their age and maturity.
II.58
Means of verification that a person has actually been informed shall be established. These means may include documentation of the person having been informed by way of printed record, audiotape, videotape or witnesses.
II.100(d)
To ensure that children have prompt and effective access to an independent and child-sensitive process to bring proceedings before a court to challenge the arbitrariness and lawfulness of their detention and to receive without delay appropriate and accessible remedies, the following specific measures shall be enacted:
(d) Information on rights is to be provided in a manner appropriate for the child’s age and maturity, in a language and a means, mode or format that the child can understand and in a manner that is gender and culture sensitive. The said information should in addition be provided to parents, guardians or caregivers of the child.
(d) Information on rights is to be provided in a manner appropriate for the child’s age and maturity, in a language and a means, mode or format that the child can understand and in a manner that is gender and culture sensitive. The said information should in addition be provided to parents, guardians or caregivers of the child.
II.109(a)
All individuals who find themselves in the territory or subject to the State’s jurisdiction shall be guaranteed effective and free access to the courts of law. This includes the right:
(a) To be informed orally and in writing of the reasons for detention, and on the rights of persons in detention, including the right to challenge the arbitrariness and lawfulness of detention, in a language, means, mode or format that the person detained understands. This may require the provision of information through qualified interpreters and translators at no cost to the detainee and the publicizing of information, including through posters and television monitors in places of detention.
(a) To be informed orally and in writing of the reasons for detention, and on the rights of persons in detention, including the right to challenge the arbitrariness and lawfulness of detention, in a language, means, mode or format that the person detained understands. This may require the provision of information through qualified interpreters and translators at no cost to the detainee and the publicizing of information, including through posters and television monitors in places of detention.
O13.29(e)
We commit to ensure that any detention in the context of international migration follows due process, is non-arbitrary, based on law, necessity, proportionality, and individual assessments, is carried out by authorized officials, and for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. We further commit to prioritize non-custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only.
To realize this commitment, we will draw from the following actions:
(e) Ensure that all migrants in detention are informed about the reasons for their detention, in a language they understand, and facilitate the exercise of their rights, including to communicate with the respective consular or diplomatic missions without delay, legal representatives and family members, in accordance with international law and due process guarantees.
To realize this commitment, we will draw from the following actions:
(e) Ensure that all migrants in detention are informed about the reasons for their detention, in a language they understand, and facilitate the exercise of their rights, including to communicate with the respective consular or diplomatic missions without delay, legal representatives and family members, in accordance with international law and due process guarantees.
33
Reaffirming that all individuals who have crossed or are seeking to cross international borders are entitled to due process in the assessment of their legal status, entry and stay, we will consider reviewing policies that criminalize cross border movements. We will also pursue alternatives to detention while these assessments are under way. Furthermore, recognizing that detention for the purposes of determining migration status is seldom, if ever, in the best interest of the child, we will use it only as a measure of last resort, in the least restrictive setting, for the shortest possible period of time, under conditions that respect their human rights and in a manner that takes into account, as a primary consideration, the best interest of the child, and we will work towards the ending of this practice.
17(i)
More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:
(i) For unaccompanied and separated children, have appointed a competent guardian, as expeditiously as possible, who serves as a key procedural safeguard to ensure respect for their best interests.
(i) For unaccompanied and separated children, have appointed a competent guardian, as expeditiously as possible, who serves as a key procedural safeguard to ensure respect for their best interests.
17(j)
More specifically, and in particular in the context of best interest assessments and within best interest determination procedures, children should be guaranteed the right to:
(j) Be fully informed throughout the entire procedure, together with their guardian and legal adviser, including information on their rights and all relevant information that could affect them.
(j) Be fully informed throughout the entire procedure, together with their guardian and legal adviser, including information on their rights and all relevant information that could affect them.