A. STANDARDS FOR ASSESSING WHETHER DETENTION IS ARBITRARY 104 SECTION I.A Article 9 of the UDHR prescribes that no one shall be subjected to arbitrary arrest, detention or exile. It is also reflected in Article 9 of the ICCPR which provides for the right against arbitrary arrest or detention. It is a part of customary international law and has arguably achieved a non-derogable character in treaty law.165 The notion of arbitrariness has been interpreted as not merely ‘against the law’ but in an expansive manner which includes elements of inappropriateness, injustice, lack of predictability and due process of law.166 Accordingly, detention must be pursued for a legitimate purpose, for the shortest period, and only as a measure of last resort.167 Additionally, it has to satisfy the standard of proportionality in light of the circumstances of each individual case.168 Further, the detention must be subject to automatic and periodic review to determine its relevance to the individual case.169 165 See UN Human Rights Committee ‘CCPR General Comment No. 35: Article 9 (Liberty and security of person)’ (2014) UN Doc CCPR/C/GC/35; UN Human Rights Committee ‘General Comment No. 29: States of Emergency (Article 4)’ (2014) UN Doc CCPR/C/21/Rev.1/Add.11; UNHRC ‘Report of the Working Group on Arbitrary Detention to the 22nd session of the Human Rights Council’ (24 December 2012) A/HRC/22/44, 20. 166  Van Alpen v the Netherlands Comm no 305/1988 (UN Human Rights Committee, 23 July 1990). 167  Working Group On Arbitrary Detention - Revised Deliberation No. 5 On Deprivation Of Liberty Of Migrants (Office of the High Commissioner for Human Rights 2018) <https://www.ohchr.org/Documents/ Issues/Detention/RevisedDeliberation_AdvanceEditedVersion.pdf> accessed 21 July 2020. 168 UN Human Rights Committee ‘General Comment No. 35’ (n 165), para 18. 169 ibid. SECURING CITIZENSHIP