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Guidelines

3. Civil law matters

3.20 Breach of civil liberties

The following are examples of the types of circumstances where a breach of civil liberties may have occurred.

  • the applicant is unlawfully searched, arrested, detained or imprisoned by a person in a special position of authority
  • the applicant is unlawfully threatened, hit, touched or physically handled by a person in a special position of authority
  • the applicant is imprisoned or detained by a person in a special position of authority and the condition of that detention or imprisonment are not authorised by law (relevant contexts could include a correctional centre, immigration detention or a mental health facility).