Advance unedited version A/HRC/WGAD/2022/ the detention and the law itself to determine whether such detention is also consistent with the relevant provisions of international human rights law. 4 70. The source has argued that the detention of Messrs. Abdel Aziz, Sahloob, Khalil, and Ali is arbitrary under categories I and III. The Working Group shall proceed to examine the allegations in turn. Category I Arrests without warrants 71. The source alleges that when Mr. Abdel Aziz was first arrested by security forces at his friends’ house on 27 November 2014, no arrest warrant was shown to him. Likewise no warrant of arrest was shown when he was arrested the second time on 21 July 2018 by several security agents at a checkpoint while he was in public transport. Similarly Mr. Sahloob was reportely not shown any arrest warrant when he was arrested on 2 January 2014, at a police checkpoint after police officers found out that he was carrying a professional camera. Equally Mr. Khalil was not shown any arrest warrant when he was arrested by security agents on 18 February 2015 at Al-Hinidi Mosque square, near his place of residence. No arrest warrant was shown to Mr. Ali either when he was arrested on 25 August 2015, at his home. In addition, the source submits that none of the four individuals were provided the reasons for their arrest at the time of their respective arrests. Though the Government had the opportunity to rebut these allegations, it has chosen not to do so. 72. International human rights law on detention recognises that the right to be presented with an arrest warrant to ensure the exercise of effective control by a competent, independent and impartial judicial authority, is procedurally inherent in the right to liberty and security and the prohibition of arbitrary deprivation under articles 3 and 9 of the Universal Declaration of Human Rights, article 9 of the Covenant, as well as principles 2, 4 and 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. 5 73. Further, article 9 (2) of the Covenant requires that anyone who is arrested is not only informed of the reasons for arrest but also promptly informed of any charges against them. As explained by the Human Rights Committee in its General Comment No. 35, the obligation encapsulated in article 9 (2) has two elements: information about the reasons for the arrest must be provided immediately upon arrest6 and there must be prompt information about the charges provided thereafter. 74. The Working Group considers that the source has presented a credible case – which was not rebutted by the Government – that Mr. Abdel Aziz, Mr. Sahloob, Mr. Khalil and Mr. Ali were not presented an arrest warrant at the time of their respective arrest, and were not explained the reasons for their arrest, in violation of article 9 (1) and (2) of the Covenant.7 The Working Group therefore considers that the authorities failed to establish a legal basis for the arrest and detention of Messrs. Abdel Aziz, Sahloob, Khalil and Ali. Pre-trial detention as an exceptional measure 75. The source submits that the four individuals’ right to be released pending trial was violated, contrary to article 9 (3) of the Covenant. The source recalls that principles 38 and 39 of the Body of Principles further confirm that, except in special cases, a criminal detainee 4 5 6 7 See opinions No. 1/1998, para. 13; No. 82/2018, para. 25; No. 76/2019, para. 36; No. 14/2020, para. 45; and No. 32/2020, para. 29. The Working Group has maintained from its early years that the practice of arresting persons without a warrant renders their detention arbitrary. See, for example, decisions No. 1/1993, paras. 6-7; No. 44/1993, paras. 6-7. For more recent jurisprudence, see opinions No. 21/2017, para. 46; No. 68/2018, para. 39; and No. 34/2020, para. 46. See also article 14 (1) of the Arab Charter on Human Rights. CCPR/C/GC/35 at para 27. Opinion No. 36/2018, paras. 39–40 (finding that the failure to present an arrest warrant to an individual who had presented himself at a police station violated art. 9 (1) of the Covenant). 9