LEGALITATEA DETENȚIEI
THE LEGALITY OF DETENTION

Summary/Abstract: In order to meet the requirement of impunity, detention must have a "reasonable right", namely to abide by the normal and procedural rules of the domestic law, or, as the case may be, internationally applicable. The requirement of sanity is not fulfilled by simply respecting the domestic good law; the internal law must comply with the Concept itself, including the general principles outlined or implied by it. The principle of legal certainty is when it comes to the prize of freedom, it is particularly important to adhere to the principle of genera ﬑ of legal certainty. A period of detention is basically "lethargic" if it is based on a court order. A detention based on a poor court order that is not sufficient for a higher court may remain inadequate in internal justice. Detention may remain in line with the requirement of respect for "harsh illness" when, after finding irregularities in the detention procedure, domestic courts have considered it to be a rash.

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