Judgment Writer 2024 (JW) Dictation No. 49

Article 9(5) of the International

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Article 9(5) of the International convent on civil and Political Rights, 1966 (ICCPR) provides that anyone who has been the victim of unlawful arrest or detention shall have enforceable right to compensation. Of course, the Government of India as the time of its ratification (of ICCPR) in 1979 had made a specific reservation to the effect that the Indian legal system does not recognise a right to compensation for victims of unlawful arrest or detention and thus did not become party to the Convent.

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