the representative
said that there were 8
469, In reply to other questions,
few camps and places other
than regular
prisons that had been designated as
places where detainees could be held, and judges and magistrates
had the right
to visit
them. The Prevention of Terrorism (Temporary Provisions)
Act
provided that any person is respect of whom any detention order or restriction
order had been made should be informed of the unlawful activity
in connection
with which such order had been made. The Act also provided that such person
or #y other person on his behalf might make representations
tv the Advisory
Board, which took the place of the judicial
authority
where persons were
normally
brought to trial.
A detention
order was issued if the Minister
had
reason to believe that a person was connected with or concerned in any
ulawful
activity
constituting
an offence as defined under the Act.
The
aggregate period of such detention could not exceed 18 months and a detained
person could lodge a complaint with an Advisory Board or challenge the
validity
of the detention order in a court
of law. If he was found to be the
victim of an unlawful arrest,
the court had th8 power to award compensativa.
470. With reference to that issue,
members of the Committee asked for a
clarification
of the provisions of the Prevention of Terrorism Act of
20 July 1979 and of allegations
that the safeguards included in that Act had
not been strictly
observed, particularly
in relation
to arrests of terrorist
suspects. They also wished to know under what circumstances and for what
periods persons might be held in preventive
detention without being charged
with a criminal offences what authorities
had the power to order such
detention; what remedies were available
to persons (and their relatives)
who
believed themselves to be detained wrongfully
and how effective
auoh remedies
weref how quickly after arrest a person's family was informed and how soon
after arrest a person could contact his lawyer; and what the law and practice
‘were regarding detention in institutions
other than prisons and for re8sons
other than crimes.
471, In addition,
members of the Committee wished to know whether under the
Prevention of Terrorism Act a magistrate
could himself decide whether or not
to release a person from custodyr
what the evidential
value
was of statements
elicited
through threats or torture : what weight was accorded to statements
given in the absence of cross-examination)
whether the provisions
of
section 18 (1) of the Act applied to the 8CCUSedbimself when he gave evidence
a6 a witness or only to other witnessear what measures
had been taken to
ensure that lawyers could carry out their professional
responsibilities
without interference;
whether there had been any complaints of Unauthorised
arrests by members of the security
forces) whether there were adequate
6afeguards against the unjustified
extension of detention orderar whether the
habeas cow
rule applied in cases of preventive
detention and how the
lawfulness of such detention wa5 monitoredr and whether the provisions
of
section 14 (2) (a) (ii)
of the Prevention of Terrorism Act had led to the
suppression of information
concerning abuses by the security
forces.
472. In his reply,
the representative
said that under the Prevention of
procedure had been instituted
whereby the period
within which a detained person must be brought before a magistrate had been
extended from 24 hour6 to 72 hours.
The safeguards set forth in the Act could
be enforced through fundamental rights applications
or through Wess w
aPPlfcations to the Supreme Court.
The Ministry
of Defence had the authority
Terrorism
Act,
a special
,
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