Cases violating ICCPR art 9(3) (potential) (1)

Note that committees can record actual or potential violations.

right to be brought promptly before a judge

ICCPR art 9(3)

Nasir v Australia (HRC, 2016)

Remedy's assessment: Unremedied

A poor Indonesian fisherman was recruited to work as a cook on a boatload of people seeking asylum in Australia. Intercepted at sea, the author was detained by Australia for almost 5 months before being charged with people smuggling. He spent a further 16 months on remand before being sentenced to 5 years’ gaol with a 3-year non-parole period, a mandatory sentence required by Australian law.

The UN Human Rights Committee found that his first 5 months of detention without charge or trial was unjustified and arbitrary, in violation of ICCPR article 9(1). His right to be brought promptly before a judge (art. 9(3)) and his right to challenge without delay the lawfulness of his detention in court (art. 9(4)) were also violated.

Read more on Nasir v Australia.