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Arrest, Detention, and Provisional Release

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Chapter Summary

The issue of whether a period of detention is reasonable cannot be assessed in abstracto and must be assessed in each case according to its special features. International standards require that a suspect who is arrested be informed promptly of the reasons for his arrest and the charges against him. A decision on provisional release must observe the relevant human rights standards that de jure pre-trial detention should be the exception and not the rule. A Trial Chamber must identify all the factors that it has taken into account in reaching its decision, with particular attention paid to the circumstances of the case before it. Trial Chambers have provisionally released a number of accused after commencement of their trials and, in doing so, have applied the test of Rule 65 (B) to the request, as well as other factors.

Keywords: arrest; detention; human rights standards; provisional release; Rule 65 (B); Trial Chamber



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