appeal has been lodged.' *** In one country, the detained person is not set free if the authority responsible for his detention decides to appeal from the order of release,1*9
190
572. Under either types of remedial procedures judicial decisions on the legality or propriety of detention does not stop the criminal investigation. It appears that the examining authorities may issue a fresh order of deten- tion, provided "new and serious circumstances" render this measure necessary or provided the "facts and reasons" brought forward as grounds for resumed custody are not "the same" as were mentioned in the first detention order.TM It is open to the person concerned, or where per- mitted, to his relatives and friends, to submit a petition or lodge an appeal against the new order.
(i) Concluding remarks
573. Article (4) of the draft Covenant on Civil and Political Rights. as adopted by the Third Committee of the General Assembly, provides that:
"Anyone who is deprived of his liberty shall be entitled to take proceedings. before a Court, in order that such court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful "192
574. In the light of the foregoing analysis, the Committee will attempt to formulate observations concerning the conditions under which the principle laid down in article 9 (4) of the draft Covenant may be imple
mented.
575. As regards the scope of the remedies, the Committee believes that all cases of wrongful deprivation of liberty from the very initial arrest or seizure by the police or private persons to confirmations or extensions of custody by judicial authorities, must be reviewable. This result may be achieved in various ways: either by introducing habeas corpus or amparo in their unrestricted form; or by greatly expanding the scope of regular appeals procedures; or by establishing a proper relationship between regular appeals and special remedies.
576. Efforts should be vigorously pursued to expand the scope of existing remedies available to persons deprived of their liberty. In particular, termination of custody should be ordered not only when the measure of arrest or detention itself is illegal or improper, but also in case of violation of the basic rights of the arrested or detained person. The Committee is in agreement with the recommendation of the Santiago Seminar according to which “habeas corpus" should be extended to, or, if it does not already
INM Argentina.
1** Philippines.
10 France.
191 Brazil, Panama, Philippines.
1 Official Records of the General Assembly, Thirteenth Session, Annexes, agenda item 32, document A/4045.
141
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