Table of contents
6.1. The gravity of the conduct in question.
6.2. Evidence of conduct violating the fundamental rules of international law.
6.2.2. Evidence of a violation of the fundamental rules of international law.
P.8. Evidence that detention was arbitrary.
P.8.1. Evidence that detention was arbitrary because of a lack of legal basis.
P.8.2. Evidence that detention was arbitrary because of a lack of due process.
P.9. Evidence that detention resulted from the exercise of fundamental rights and freedoms.
P.10. Evidence that detention was not absolutely necessary.
P.10.1. Evidence that victims did not pose a security threat to the detaining forces.
P.10.3. Evidence that victims had not participated in military activities.
P.10.4. Evidence that victims were civilians.
P.10.5. Evidence that perpetrators had no reason to suspect that victims had committed offenses.
P.10.6. Evidence of the failure to judge necessity on a case-by-case basis.
P.10.7. Evidence that victims were not detained for their own safety.
P.10.9. Not sufficient: Evidence that liberty was restricted by processes established by law.
P.11. Evidence that the perpetrator failed to provide initial due process of law.
P.11.1. Evidence of a failure to inform victims of the reason for their detention.
P.11.2. Evidence of inconsistent search and interrogation techniques.
P.11.3. Evidence of interrogations under forced or coercive circumstances.
P.11.4. Evidence of a failure to inform victims of their procedural rights.
P.11.5. Evidence of a failure to inform victims of the possibilities for release.
P.11.6. Evidence of a failure to charge, try or convict victims of a crime.
P.11.7. Evidence of a failure to provide a fair trial.
P.11.8. Evidence of a failure to follow procedures prescribed for legally-detained persons.
P.12.1. Evidence that an initially-lawful detention at any point became unlawful.
P.12.3. Evidence that an administrative board investigating detention had ceased to function.
P.12.4. Evidence that an administrative board investigating detention had no actual power.
P.12.5. Evidence of a failure to reconsider detention twice per year.
P.12.6. Evidence of continued detention after establishing no reason for detention.
P.13. Evidence of confinement under inhumane conditions.
P.13.2. Evidence that victims were used as hostages.
P.13.3. Evidence that victims were used as human shields.
P.13.4. Evidence that victims were beaten, injured, or subjected to other acts of physical violence.
P.13.5. Evidence that victims were kept in poor conditions of space, nutrition, or hygiene.
