• E4J University Module Series: Counter-Terrorism

• Module 10: Arrest and Detention

• Introduction and learning outcomes

• Key issues

• • International legal framework
  • International human rights instruments
  • Regional human rights instruments
  • Key contemporary issues

• Exercises and case studies

• Possible class structure

• Core reading

• Advanced reading

• Student assessment

• Additional teaching tools

• References

 

Published in July 2018.

 

 

  This module is a resource for lecturers  

 

Additional teaching tools

 

This section includes links to relevant teaching aides such as PowerPoint slides, video material and case studies, that could help the lecturer teach the issues covered by the Module. Lecturers can adapt the slides and other resources to their needs.

PowerPoint presentation

• Presentation on Module 10: Arrest and Detention (forthcoming)

 

Video material

• What is the United Nations Working Group on Arbitrary Detention (WGAD)?  » Under the authority of the UN Office of the High Commissioner of Human Rights, WGAD was established in 1991 to investigate and adjudicate whether States are in compliance with their international human rights obligations. It receives submissions from the individual complainant and the respondents (the States) and decides whether the case amounts to arbitrary (that is to say unlawful or prohibited) detention. The European Court of Human Rights draws on judgments of WGAD in cases concerning deprivation of liberty (violations against article 5 of ECHR). (In French with English subtitles).

 

Tool 1: Practices of law enforcement officials The Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990. The Special Rapporteur on extrajudicial, summary, or arbitrary executions has submitted to the General Assembly a report analysing the international standards applicable to the use of lethal force by law enforcement officers ( A/61/311, paras. 33-45). The report can be of assistance in distinguishing the proportionality criterion from the necessity criterion and to fully evaluating the contribution each of the two safeguard makes. The OSCE/ODIHR publication Human Rights in Counter-Terrorism Investigations. A Practical Manual for Law Enforcement Officers, sects. 3.2 and 3.3, provides additional guidance and case studies on the use of force in effecting arrest and on body searches.

 

Tool 2: UN regional and special mandate holders There are number of UN and regional special mandate holders with responsibility for arrest and detention issues which periodically publish very helpful outputs on challenges relating to the implementation and enforcement of arrest and detention issues, how the relevant treaty instruments should be interpreted, for example in annual and thematic reports, and determinations on cases of alleged violations of these rights. The primary international ones are: Working Group on Arbitrary Detention. Working Group on Enforced or Involuntary Disappearances. Special Rapporteur on extrajudicial, summary or arbitrary executions. Special Rapporteur on the promotion and protection of human rights while countering terrorism. Special Rapporteur on torture and other cruel, inhuman and degrading treatment or punishment.

 

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