must be proportionate and require a legitimate aim.270 Everyone in detention must be afforded the right to challenge the legality of that detention.271 The UN Special Rapporteur on the Human Rights of Migrants has stated that “substandard detention conditions may potentially amount to inhuman or degrading treatment, and may increase the risk of further violations of economic, social and cultural rights, including the right to health, food, drinking water and sanitation. 272 160. As set out above, the prohibition on refoulment is absolute and includes the extradition of a national to a country where they face a real risk of being subjected to ill-treatment (see Principle 9.2 on non-refoulement). It also includes situations where there is a risk of ill-treatment from nonstate actors. It includes situations in which the national has been deemed a threat to national security: “Since the prohibition of torture or inhuman or degrading treatment or punishment is absolute, the conduct of applicants, however undesirable or dangerous, cannot be taken into account. 273 Such ill-treatment can include violations relating to prison conditions, 274 solitary confinement and incommunicado detention, including depriving an individual of contact with their family.275 Refusing to repatriate and/or blocking the right to (re)admission through deprivation of nationality leaves persons trapped in such detention conditions. The HRC has also held explicitly that a risk of a violation of the right to life is a bar to removal from the territory.276 9.4. Liberty and security of the person PRINCIPLE LEGAL STANDARD 9.4.1. Everyone has the right to liberty and security of the person and no one shall be subject to arbitrary arrest or detention. UDHR, Art. 3: “Everyone has the right to life, liberty and security of the person. 9.4.2. The arbitrary detention of persons who have been deprived of their nationality is prohibited. ICCPR, Art. 9(1): “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. UDHR, Art. 9: “No one shall be subjected to arbitrary arrest, detention or exile. HRC General Comment No. 35, para. 18: “The inability of a State party to carry out the expulsion of an individual because of statelessness or other obstacles does not justify indefinite detention. 270 Human Rights Committee, A v Australia, Communication no. 560/1993 (30 April 1997) CCPR/C/59/D/560/1993. Human Rights Committee, ‘General Comment No. : Article Right to liberty and security of persons ’ HRI GEN Rev. (Vol. I, p. 179). 272 UN Human Rights Council, ‘Report of the Special Rapporteur on the rights of migrants, François Crépeau’, A HRC , para . 273 ECtHR, Al Husin v Bosnia and Herzegovina (2012), Application no. 3727/08. 274 See Human Rights Committee, ‘General Comment No. : Article Humane treatment of persons deprived of liberty ’ HRI/GEN/1/Rev.9 (Vol. I, p. 180), para 1. 275 ACmHPR, Law Office of Ghazi Suleiman v Sudan (2003), Communication 222/98 and 229/99. 276 Human Rights Committee, ‘General Comment No. : The Nature of the General Legal Obligation Imposed on States Parties to the Covenant’ (2004) CCPR/C/21/Rev.1/Add.13, para 12; imposition of the death penalty without guarantees of a fair trial constitutes a violation of the right to life, Human Rights Committee, ‘General Comment No. : Article The right to life ’ HRI GEN Rev. p. , para . 271 78