| Chapter 2: | Investigative Detention and International Human Rights Law |
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it is used to infringe upon a person's freedom of thought, conscience, and religion; freedom of opinion and expression; or the right of peaceful assembly and association.77 The third category is when the international norms relating to the right to fair trial are so ignored or abused that the governmental action confers on the deprivation of freedom, of whatever kind, an arbitrary character.78 A regime of law allowing for the investigative detention of individuals suspected of terrorist activity, so long as it is normalized in a legal framework and comports with the requirements previously discussed, is not violative of the ICCPR.
Conclusion
As this discussion has demonstrated, the practice of investigative detention is not violative of international human rights law per se. Nonetheless, there are definite restrictions and limitations on the detention of an individual and many opportunities for a nation to run afoul of limits set by international instruments. The influence of international human rights law on each nation under consideration in this book differs depending on the governments involved, their approach to terrorism, and each treaty's varying degree of applicability. The effects of these international instruments are considered in the discussion along with the requirements of each country's domestic legal structure.