CCPR/C/GC/35 and necessary in all the circumstances.25 Aside from judicially imposed sentences for a fixed period of time, the decision to keep a person in any form of detention is arbitrary if it is not subject to periodic re-evaluation of the justification for continuing the detention. 26 13. The term “arrest” refers to any apprehension of a person that commences a deprivation of liberty, and the term “detention” refers to the deprivation of liberty that begins with the arrest and continues in time from apprehension until release. 27 Arrest within the meaning of article 9 need not involve a formal arrest as defined under domestic law. 28 When an additional deprivation of liberty is imposed on a person already in custody, such as detention on unrelated criminal charges, the commencement of that deprivation of liberty also amounts to an arrest.29 14. The Covenant does not provide an enumeration of the permissible reasons for depriving a person of liberty. Article 9 expressly recognizes that individuals may be detained on criminal charges, and article 11 expressly prohibits imprisonment on ground of inability to fulfil a contractual obligation. 30 Other regimes involving deprivation of liberty must also be established by law and must be accompanied by procedures that prevent arbitrary detention. The grounds and procedures prescribed by law must not be destructive of the right to liberty of person. 31 The regime must not amount to an evasion of the limits on the criminal justice system by providing the equivalent of criminal punishment without the applicable protections.32 Although conditions of detention are addressed primarily by articles 7 and 10, detention may be arbitrary if the manner in which the detainees are treated does not relate to the purpose for which they are ostensibly being detained. 33 The imposition of a draconian penalty of imprisonment for contempt of court without adequate explanation and without independent procedural safeguards is arbitrary. 34 15. To the extent that States parties impose security detention (sometimes known as administrative detention or internment) not in contemplation of prosecution on a criminal charge,35 the Committee considers that such detention presents severe risks of arbitrary deprivation of liberty.36 Such detention would normally amount to arbitrary detention as other effective measures addressing the threat, including the criminal justice system, would be available. If, under the most exceptional circumstances, a present, direct and imperative 25 26 27 28 29 30 31 32 33 34 35 36 4 1369/2005, Kulov v. Kyrgyzstan, para. 8.3. Pretrial detention in criminal cases is further discussed in section IV below. 1324/2004, Shafiq v. Australia, para. 7.2. 631/1995, Spakmo v. Norway, para. 6.3. 1460/2006, Yklymova v. Turkmenistan, paras. 7.2–7.3 (de facto house arrest); 1096/2002, Kurbanova v. Tajikistan, para. 7.2 (detention prior to arrest warrant). 635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 1397/2005, Engo v. Cameroon, para. 7.3. Detention for criminal offences such as fraud that are related to civil law debts does not violate article 11, and does not amount to arbitrary detention. 1342/2005, Gavrilin v. Belarus, para. 7.3. 1629/2007, Fardon v. Australia, para. 7.3. Ibid., para. 7.4 (a)–7.4 (c); see concluding observations: United States of America (CCPR/C/USA/CO/3/Rev.1, 2006), para. 19; general comment No. 32, paras. 15 and 18. 1629/2007, Fardon v. Australia, para. 7.4 (a) (nominally civil detention under same prison regime as prior sentence); see concluding observations: Belgium (CCPR/CO/81/BEL, 2004), para. 18 (placement in prison psychiatric annexes), and United Kingdom (CCPR/CO/73/UK, 2001), para. 16 (detention of asylum seekers in prisons). 1189/2003, Fernando v. Sri Lanka, para. 9.2; 1373/2005, Dissanakye v. Sri Lanka, para. 8.3. The present paragraph concerns security detention and not the forms of post-conviction preventive detention addressed in paragraph 21 below or detention for purposes of extradition or immigration control, see paragraph 18 below. See concluding observations: Colombia (CCPR/C/COL/CO/6, 2010), para. 20, and Jordan (CCPR/C/JOR/CO/4, 2010), para. 11.