disappearances constitute a particularly aggravated form of arbitrary detention. We would like to further remind your Excellency’s Government that the right to challenge the lawfulness of detention before a court, protected under article 9 of the ICCPR is a self-standing human right and a peremptory norm of international law, which applies to all forms of deprivation of liberty and the absence of which constitutes a human right violation. 2 It is a judicial remedy designed to protect personal freedom and physical integrity against arbitrary arrest, detention, including secret detention, exile, forced disappearance or risk of torture and other cruel, inhuman or degrading treatment or punishment. It is also a means of determining the whereabouts and state of health of detainees and of identifying the authority ordering or carrying out the deprivation of liberty.3 In its jurisprudence, the Working Group on Arbitrary Detention has also reiterated that giving prompt and regular access to family members, and to independent medical personnel and lawyers, is an essential and necessary safeguard for the prevention of torture as well as protection against arbitrary detention and infringement of personal security.4 We also wish to bring to the attention of your Excellency’s Government article 14 of the ICCPR, which enshrines the right to a fair trial and due process. In particular, article 14(3) of the ICCPR guarantees the right of detainees to have adequate time and facilities for the preparation of their defence and the right to communicate with counsel of their choosing. The right to have assistance of legal counsel, at any time during the detention, including immediately after the moment of apprehension, and to communicate and consult with such counsel is also enshrined in principles 17 and 18 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and principles 7 and 8 of the Basic Principles on the Role of Lawyers. We also wish to refer to Human Rights Council resolution 22/6, which calls States to ensure that measures to combat terrorism and preserve national security are in compliance with their obligations under international law and do not hinder the work and safety of individuals, groups and organs of society engaged in promoting and defending human rights. (A/HRC/RES/22/6, para 10) We would like to refer your Excellency's Government to the fundamental principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, also known as the UN Declaration on Human Rights Defenders, adopted in 1998 by consensus by the UN General Assembly.5 In particular, we would like to refer to articles 1 and 2 of the Declaration which state that everyone has the right to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels and that each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms.6 2 3 4 5 6 See A/HRC/30/37, paras. 2, 3 and 11. See A/HRC/30/37, para. 2. See Opinion No. 87/2020, para. 116. A/RES/53/144 https://www.ohchr.org/sites/default/files/Documents/Issues/Defenders/Declaration/declaration.pdf 7