CCPR/C/GC/35
67.
The procedural guarantees protecting liberty of person may never be made subject to
measures of derogation that would circumvent the protection of non-derogable rights.192 In
order to protect non-derogable rights, including those in articles 6 and 7, the right to take
proceedings before a court to enable the court to decide without delay on the lawfulness of
detention must not be diminished by measures of derogation.193
68.
While reservations to certain clauses of article 9 may be acceptable, it would be
incompatible with the object and purpose of the Covenant for a State party to reserve the
right to engage in arbitrary arrest and detention of persons. 194
192
193
194
20
General comment No. 32, para. 6.
General comment No. 29, para. 16.
General comment No. 24, para. 8.