行犯罪的情况除外，因为情况足以证明逮捕是正当的。《公约》第九条第二款则规定，任何被逮捕的人在被逮捕时应被告知逮捕他的理由。在本案中，工作组注意到，所有相关个人都否认参加了 2016 年 1 月 23 日的示威活动。工作组还注意到，逮捕日期之间存在时间间隔，而且，根据来文方转交并且政府没有反驳的资料，现行犯罪程序似乎并不适用，工作组因此得出结论认为，逮捕这批学生时应有逮捕证。工作组还得出结论认为，没有告知逮捕理由违反了《世界人权宣言》第九条和《公约》第九条。
Article 9 (2) of the Covenant, meanwhile, stipulates that anyone who is arrested must be informed, at the time of arrest, of the reasons for the arrest. In the present case, the Working Group notes that all the persons concerned deny that they were present at the demonstration on 23 January 2016. The Working Group also notes that the arrests were spaced out in time and considers that, in view of the information transmitted by the source, which has not been contested by the Government, the procedure that applies in the case of arrests in flagrante delicto does not seem to be applicable. It therefore concludes that the arrests of the members of the group of students should have been accompanied by an arrest warrant. It further concludes that the failure to inform the persons concerned of the reasons for their arrest constitutes a violation of article 9 of the Universal Declaration of Human Rights and article 9 of the Covenant.