to the arrested person a written decision on detention which shall include the
first and last name of the arrested person, the place, date, and exact time of the
arrest, the criminal offence of which he or she is suspected, the legal basis for the
arrest and an instruction on the right of appeal. (Article 212 (5) PCPC)
The arrested person shall have the right to appeal a decision under paragraph 5
of the present article to the pre-trial judge. The police and the public prosecutor
have a duty to
ensure that the appeal is delivered to the pre-trial judge. The appeal shall not stay
execution of the decision. The pre-trial judge shall decide on the appeal within
forty-eight hours of the arrest. (Article 212 (6) PCPC)
The arrested person has the right to communicate confidentially with defence
counsel orally and in writing. Communications between an arrested person and
his or her defence
counsel may be within sight but not within the hearing of a police officer. (Article
213 (3) PCPC)
An arrested person has the following rights: (Article 214 (1) PCPC)
1) To be informed about the reasons for the arrest, in a language that he or she
understands; (Article 214 (1) (1) PCPC)
To remain silent and not to answer any questions, except to give information
about his or her identity; (Article 214 (1) (2) PCPC)
To be given the free assistance of an interpreter, if he or she cannot understand
or speak the language of the police; (Article 214 (1) (3) PCPC)
To receive the assistance of defence counsel and to have defence counsel
provided if he or she cannot afford to pay for legal assistance; (Article 214 (1)
(4) PCPC)
To notify or require the police to notify a family member or another appropriate
person of his or her choice about the arrest; (Article 214 (1) (5) PCPC) and
To receive a medical examination and medical treatment, including psychiatric
treatment. (Article 214 (1) (6) PCPC)
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