Article

Human rights and indefinite detention

Alfred de Zayas

• International review of the Red Cross, Vol. 87, no. 857, March 2005, p. 15-38

English

Indefinite detention is incompatible with Article 9 of the International Covenant on Civil and Political Rights. While temporary derogation from this provision is allowed in article 4 ICCPR, such derogation is only possible "in time of public emergency which threatens the life of the nation" and "to the extent strictly required by the exigencies of the situation." Persons deprived of their liberty are entitled to a prompt trial or release, and in cases of arbitrary detention, they are entitled to compensation. Neither the war on terror nor restrictive immigration policies justify indefinite detention.

• Full text

• International review of the Red Cross / ICRC
• International review of the Red Cross [Vol. 87, no. 857, March 2005] / ICRC