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4 - Category I

No Legal Basis for Detention

from Part III. - Case Jurisprudence

Published online by Cambridge University Press:  20 September 2019

Jared Genser
Affiliation:
Georgetown University Law Center
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Summary

According to the WGAD’s Basic Principles and Guidelines, domestic law must authorize any and all restrictions on liberty.1 The WGAD will categorize a case as arbitrary under Category I “[w]hen it is clearly impossible to invoke any legal basis justifying the deprivation of liberty, as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to him or her.”2 Category I cases typically center on the right to not be deprived of one’s liberty except on such grounds established by law, the right to not be held guilty for any criminal offense on account of an act or omission which did not constitute a criminal offense when it was committed, the right not to be tried twice for the same crime, situations where the detainee was granted amnesty but was not released, and in extraordinary rendition cases where prisoners are abducted and transferred across international borders outside of a lawful extradition hearing.

Type
Chapter
Information
The UN Working Group on Arbitrary Detention
Commentary and Guide to Practice
, pp. 109 - 126
Publisher: Cambridge University Press
Print publication year: 2019

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  • Category I
  • Jared Genser
  • Book: The UN Working Group on Arbitrary Detention
  • Online publication: 20 September 2019
  • Chapter DOI: https://doi.org/10.1017/9781139540711.006
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  • Category I
  • Jared Genser
  • Book: The UN Working Group on Arbitrary Detention
  • Online publication: 20 September 2019
  • Chapter DOI: https://doi.org/10.1017/9781139540711.006
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Category I
  • Jared Genser
  • Book: The UN Working Group on Arbitrary Detention
  • Online publication: 20 September 2019
  • Chapter DOI: https://doi.org/10.1017/9781139540711.006
Available formats
×