Human rights / Arbitrary arrest and detention
- Case Law 6
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F.J. et al. v. Australia
asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR. 2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka |
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Fardon v. Australia
Ninety-eighth session of the Human Rights Committee (8 to 26 March 2010) 10 May 2010 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Criminal justice | Countries: Australia |
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Tillman v. Australia
Ninety-eighth session of the Human Rights Committee (8 to 26 March 2010) 10 May 2010 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Criminal justice - Exhaustion of domestic remedies | Countries: Australia |
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Kwok Yin Fong v. Australia
Human Rights Committee, Ninety-seventh session, 12 to 30 October 2009. Adopted in English, French and Spanish, the English text being the original version. 23 November 2009 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Death penalty - Deportation / Forcible return - Non-refoulement - Right to liberty and security - Right to life | Countries: Australia - China |
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Danyal Shafiq v. Australia
Display in UN document template Original: ENGLISH 13 November 2006 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Exclusion clauses - Prison or detention conditions - Serious non-political crime - Statelessness | Countries: Australia - Bangladesh |
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D and E, and their two children v. Australia
Display in UN document template Original: ENGLISH 9 August 2006 | Judicial Body: UN Human Rights Committee (HRC) | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Children-at-risk - Social group persecution | Countries: Australia - Iran, Islamic Republic of |
