CCPR/C/GC/35 avoided, but when it occurs they are entitled to be brought to trial in especially speedy fashion under article 10, paragraph 2 (b).115 38. The second sentence of paragraph 3 of article 9 requires that detention in custody of persons awaiting trial shall be the exception rather than the rule. It also specifies that release from such custody may be subject to guarantees of appearance, including appearance for trial, appearance at any other stage of the judicial proceedings and (should occasion arise) appearance for execution of the judgment. That sentence applies to persons awaiting trial on criminal charges, that is, after the defendant has been charged, but a similar requirement prior to charging results from the prohibition of arbitrary detention in paragraph 1.116 It should not be the general practice to subject defendants to pretrial detention. Detention pending trial must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime. 117 The relevant factors should be specified in law and should not include vague and expansive standards such as “public security”.118 Pretrial detention should not be mandatory for all defendants charged with a particular crime, without regard to individual circumstances. 119 Neither should pretrial detention be ordered for a period based on the potential sentence for the crime charged, rather than on a determination of necessity. Courts must examine whether alternatives to pretrial detention, such as bail, electronic bracelets or other conditions, would render detention unnecessary in the particular case. 120 If the defendant is a foreigner, that fact must not be treated as sufficient to establish that the defendant may flee the jurisdiction.121 After an initial determination has been made that pretrial detention is necessary, there should be periodic re-examination of whether it continues to be reasonable and necessary in the light of possible alternatives.122 If the length of time that the defendant has been detained reaches the length of the longest sentence that could be imposed for the crimes charged, the defendant should be released. Pretrial detention of juveniles should be avoided to the fullest extent possible.123 V. The right to take proceedings for release from unlawful or arbitrary detention 39. Paragraph 4 of article 9 entitles anyone who is deprived of liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of the detention and order release if the detention is not lawful. It enshrines the principle of habeas corpus.124 Review of the factual basis of the detention 115 116 117 118 119 120 121 122 123 124 12 General comment No. 21, para. 13; see also general comment No. 32, para. 42; Committee on the Rights of the Child, general comment No. 10, para. 83. 1128/2002, Marques de Morais v. Angola, paras. 6.1 and 6.4. 1502/2006, Marinich v. Belarus, para. 10.4; 1940/2010, Cedeño v. Bolivarian Republic of Venezuela, para. 7.10; 1547/2007, Torobekov v. Kyrgyzstan, para. 6.3. See concluding observations: Bosnia and Herzegovina (CCPR/C/BIH/CO/1, 2006), para. 18. See concluding observations: Argentina (CCPR/CO/70/ARG, 2000), para. 10; Sri Lanka (CCPR/CO/79/LKA, 2003), para. 13. 1178/2003, Smantser v. Belarus, para. 10.3. 526/1993, Hill and Hill v. Spain, para. 12.3. 1085/2002, Taright v. Algeria, paras. 8.3–8.4. General comment No. 32, para. 42; see Committee on the Rights of the Child, general comment No. 10, para. 80. 1342/2005, Gavrilin v. Belarus, para. 7.4.