Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Detentions during a state of emergency

1. The Committee, while refraining from expressing an opinion on the political aspects of a state of emergency, has always emphasized that measures involving detention must be accompanied by adequate judicial safeguards applied within a reasonable period and that all detained persons must receive a fair trial at the earliest possible moment.

1. Where circumstances approximate to a situation of a civil war, the Committee has emphasized the importance attached to all detained persons receiving a fair trial at the earliest possible moment.

1. Due process would not appear to be ensured if, under the national law, the effect of a state of emergency is that a court cannot examine, and does not examine, the merits of the case.

1. When examining cases of detention under emergency regulations, the Committee has pointed out that measures of preventive detention should be limited to very short periods intended solely to facilitate the course of a judicial inquiry.