CCPR/C/GC/35
28.
For some categories of vulnerable persons, directly informing the person arrested is
required but not sufficient. When children are arrested, notice of the arrest and the reasons
for it should also be provided directly to their parents, guardians, or legal representatives. 83
For certain persons with mental disabilities, notice of the arrest and the reasons should also
be provided directly to persons they have designated or appropriate family members.
Additional time may be required to identify and contact the relevant third persons, but
notice should be given as soon as possible.
29.
The second requirement of paragraph 2 concerns notice of criminal charges. Persons
arrested for the purpose of investigating crimes that they may have committed or for the
purpose of holding them for criminal trial must be promptly informed of the crimes of
which they are suspected or accused. That right applies in connection with ordinary
criminal prosecutions and also in connection with military prosecutions or other special
regimes directed at criminal punishment. 84
30.
Paragraph 2 requires that the arrested person be informed “promptly” of any
charges, not necessarily “at the time of arrest”. If particular charges are already
contemplated, the arresting officer may inform the person of both the reasons for the arrest
and the charges, or the authorities may explain the legal basis of the detention some hours
later. The reasons must be given in a language that the arrested person understands. 85 The
requirement to give notice of charges under paragraph 2 serves to facilitate the
determination of whether the provisional detention is appropriate or not, and therefore
paragraph 2 does not require that the arrested person is given as much detail regarding the
charges as would be needed later to prepare for trial.86 If the authorities have already
informed an individual of the charges being investigated prior to making the arrest, then
paragraph 2 does not require prompt repetition of the formal charges so long as they
communicate the reasons for the arrest.87 The same considerations as mentioned in
paragraph 28 above apply to prompt information concerning any criminal charges when
minors or other vulnerable persons are arrested.
IV. Judicial control of detention in connection with criminal
charges
31.
The first sentence of paragraph 3 applies to persons “arrested or detained on a
criminal charge”, while the second sentence concerns persons “awaiting trial” on a criminal
charge. Paragraph 3 applies in connection with ordinary criminal prosecutions, military
prosecutions and other special regimes directed at criminal punishment.88
83
84
85
86
87
88
1402/2005, Krasnov v. Kyrgyzstan, para. 8.5; general comment No. 32, para. 42; see Committee on
the Rights of the Child, general comment No. 10, para. 48.
1782/2008, Aboufaied v. Libya, para. 7.6. The requirement of being informed about any charges
applies to detention for possible military prosecution, regardless of whether the trial of the detainee by
a military court would be prohibited by article 14 of the Covenant. 1640/2007, El Abani v. Algeria,
paras. 7.6 and 7.8.
493/1992, Griffin v. Spain, para. 9.2.
General comment No. 32, para. 31; 702/1996, McLawrence v. Jamaica, para. 5.9.
712/1996, Smirnova v. Russian Federation, para. 10.3.
1782/2008, Aboufaied v. Libya, para. 7.6. Paragraph 3 applies to detention for possible military
prosecution, regardless of whether the trial of the detainee by a military court would be prohibited by
article 14 of the Covenant. 1813/2008, Akwanga v. Cameroon, paras. 7.4–7.5. In international armed
conflict, detailed rules of international humanitarian law regarding the conduct of military
prosecutions are also relevant to the interpretation of article 9, paragraph 3, which continues to apply.
See paragraph 64 below.
9