9.
Whether the complainant’s right to personal liberty was violated by
agents of 1st and 2nd Respondents?
9.1
The right to personal liberty is protected under section 49 of the
Constitution. In terms of that provision, every person has the right to
personal liberty which includes the right not to be deprived of their liberty
arbitrarily or without just cause. Section 50 further provides for the rights
of arrested and detained persons. It states, in section 50 (2) that:
“Any person who is arrested or detained:
(a) for the purposes of bringing him or her before a
court; or
(b) for an alleged offence;
and who is not released must be brought before a court as
soon as possible and in any event not later than forty eight
hours after the arrest took place or the detention began as
the case may be, whether or not the period ends on a
Saturday, Sunday or public holiday.”
9.2
The abovementioned provision clearly sets out the procedural
requirements to be complied with by authorities that detain persons. The
procedural requirements, such as bringing any arrested detained
persons before the courts of law not later than 48 hours after the arrest
or detention took place ensure that persons under arrest or detention are
not subjected to arbitrary treatment thus violating their rights.
9.3
The right to security of the person is also guaranteed by section 52(a) of
the Constitution and Article 3 of the Universal Declaration of Human
Rights which states that "Everyone has the right to life, liberty and
security of person." The International Covenant on Civil and Political
Rights also recognizes the right to security of person in Article 9 which
provides that:
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