Practice question
An administrator detains Neri under a noncriminal security measure. No criminal charge is asserted. A statute says Neri may never approach any court to challenge whether detention is lawful. The State argues that judicial safeguards apply only to criminal defendants. Which is the best ICCPR response?
- All noncriminal detention is automatically valid
- Article 9(4) permits anyone deprived of liberty by arrest or detention to seek court review of its lawfulness
- Only Article 9(3) exists
- Administrative labels eliminate Article 9 entirely
- Neri must first be convicted to obtain review
Legal references
- ICCPR, Article 9(3)-(4): https://treaties.un.org/doc/Publication/CTC/Ch_IV_4.pdf
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