Cases violating ICCPR art 9(2) (potential) (1)

Note that committees can record actual or potential violations.

Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

ICCPR art 9(2)

FKAG et al v Australia (HRC, 2013)

Remedy's assessment: Partially remedied

Thirty-six Tamils, including 3 children, plus a Rohingya man from Burma, applied for asylum in Australia and were detained. They were later accepted by Australia as refugees, but were not released from detention because ASIO determined that they represented an undisclosed security risk. The HRC issued repeated requests concerning the authors’ mental health, which led to no discernible improvement in their conditions. The HRC found the authors had suffered inhuman and degrading treatment, arbitrary detention, denial of habeas corpus and, for 5 of the authors, a denial of the right to be informed of the reasons for one’s arrest. It recommended the authors be released, given rehabilitation and compensation. Further, Australia ‘should review its migration legislation’ to respect the prohibitions on inhuman and degrading treatment and arbitrary detention. As at May 2017, two of the 37 authors remained in immigration detention. (The children and their parents were released in 2013).

Read more on FKAG et al v Australia.