CCPR/C/GC/35
specifying when a warrant is required.67 It also requires compliance with domestic rules that
define when authorization to continue detention must be obtained from a judge or other
officer,68 where individuals may be detained,69 when the detained person must be brought to
court70 and legal limits on the duration of detention. 71 It also requires compliance with
domestic rules providing important safeguards for detained persons, such as making a
record of an arrest72 and permitting access to counsel.73 Violations of domestic procedural
rules not related to such issues may not necessarily raise an issue under article 9.74
III. Notice of reasons for arrest and any criminal charges
24.
Paragraph 2 of article 9 imposes two requirements for the benefit of persons who are
deprived of liberty. First, they shall be informed, at the time of arrest, of the reasons for the
arrest. Second, they shall be promptly informed of any charges against them. The first
requirement applies broadly to the reasons for any deprivation of liberty. Because “arrest”
means the commencement of a deprivation of liberty, that requirement applies regardless of
the formality or informality with which the arrest is conducted and regardless of the
legitimate or improper reason on which it is based.75 The second, additional requirement
applies only to information regarding criminal charges. 76 If a person already detained on
one criminal charge is also ordered detained to face an unrelated criminal charge, prompt
information must be provided regarding the unrelated charge. 77
25.
One major purpose of requiring that all arrested persons be informed of the reasons
for the arrest is to enable them to seek release if they believe that the reasons given are
invalid or unfounded.78 The reasons must include not only the general legal basis of the
arrest, but also enough factual specifics to indicate the substance of the complaint, such as
the wrongful act and the identity of an alleged victim. 79 The “reasons” concern the official
basis for the arrest, not the subjective motivations of the arresting officer.80
26.
Oral notification of reasons for arrest satisfies the requirement. The reasons must be
given in a language that the arrested person understands. 81
27.
That information must be provided immediately upon arrest. However, in
exceptional circumstances, such immediate communication may not be possible. For
example, a delay may be required before an interpreter can be present, but any such delay
must be kept to the absolute minimum necessary.82
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
8
1110/2002, Rolando v. the Philippines, para. 5.5.
770/1997, Gridin v. Russian Federation, para. 8.1.
1449/2006, Umarov v. Uzbekistan, para. 8.4.
981/2001, Gómez Casafranca v. Peru, para. 7.2.
2024/2011, Israil v. Kazakhstan, para. 9.2.
1208/2003, Kurbonov v. Tajikistan, para. 6.5.
1412/2005, Butovenko v. Ukraine, para. 7.6.
1425/2005, Marz v. Russian Federation, para. 5.3.
1460/2006, Yklymova v. Turkmenistan, para. 7.2 (de facto house arrest); 414/1990, Mika Miha
v. Equatorial Guinea, para. 6.5 (presidential fiat).
See, e.g., Case concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the
Congo), I.C.J. Reports 2010, p. 639, para. 77 (citing the Committee’s general comment No. 8).
635/1995, Morrison v. Jamaica, paras. 22.2–22.3; 1397/2005, Engo v. Cameroon, para. 7.3.
248/1987, Campbell v. Jamaica, para. 6.3.
1177/2003, Ilombe and Shandwe v. Democratic Republic of the Congo, para. 6.2.
1812/2008, Levinov v. Belarus, para. 7.5.
868/1999, Wilson v. Philippines, paras. 3.3 and 7.5.
526/1993, Hill and Hill v. Spain, para. 12.2.