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Part 4: Arrest and Detention in Light of International Individual Rights

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Chapter Summary

The first part of the analysis of arrest and detention of piracy suspects focuses on the legality of arrest and detention in light of the individual rights of piracy suspects. The second part of the analysis pertains to the issue of the procedural safeguards that must be granted to piracy suspects subject to arrest and detention on board a law enforcement vessel of the seizing State. This chapter analysis whether arrest and detention of piracy suspects during disposition of their cases is in line with the right to liberty, which protects the classical "freedom to come and go", and the mistier concept of personal security. In addition to the notion of "deprivation of liberty", the concepts of "arrest" and "detention" appear in Article 9 ICCPR. The concept of "detention" refers to the state of deprivation of liberty.

Keywords: arrest; detention; ICCPR; piracy suspects



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