Practice question
A State Party detains a foreign visitor on a criminal charge. Officials argue that local law authorizes detention, so neither arbitrariness nor access to a court can be examined. The visitor seeks judicial review of detention. Assume no valid derogation. Which Article 9 analysis is correct?
- Domestic authorization alone conclusively satisfies every requirement.
- Foreign visitors cannot challenge detention.
- Only the sending State may ask a court to review detention.
- The prohibition of arbitrariness and the right to judicial review remain relevant; domestic authorization alone does not end the inquiry.
- All detention of foreigners is automatically unlawful.
Legal references
- ICCPR, Articles 9, 13 and 14: https://2covenants.ohchr.org/About-ICCPR.html
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