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. Article 9, Liberty and Security of Person, International Covenant on Civil and Political Rights. 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. General comment No.35 on Article 9, International Covenant on Civil and Political Rights. Where an individual’s identity is undetermined or in dispute in the context of initial identity verification, resorting to detention may be legitimate, subject to conditions and safeguards. Determination of nationality may be included in such verification. Minimal periods of detention may be permissible to carry out these initial identity checks but such measures should comply with international standards and must endure only as long as reasonable efforts are being made to establish the individual’s identity, and within strict time limits established in law.7 In line with the Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention (UNHCR Detention Guidelines), detention must, furthermore, be subject to minimum procedural safeguards.8 Prolonging detention beyond this initial period on the sole ground that an individual has an undetermined nationality or identity would run against international standards and should be considered arbitrary. The absence of proper mechanisms to verify identity or nationality can lead to prolonged or indefinite detention and may particularly affect stateless persons.9 7 See UNHCR Detention Guidelines, Para. 24,25 and 26. 8 See UNHCR Detention Guidelines, Para. 47. 9 See also UNHCR, Handbook on Protection of Stateless Persons, Para. 112 – 115. A tool for their identification and enhanced protection 7