Diagram 23. Location of a person between actual detention and placement in TDFs From a monitoring group report: “I stayed in the operative officers’ office for three days, and slept on the floor, on a newspaper.”66 From a monitoring group report: “They took me from the office to another in the DDI for days.”67 From a monitoring group report: “They first took me to the Chuy province Interior Department, but then I was taken to the Interior Department in Kant. The next day they took me back to the Chuy province Interior Department.”68 In his report, the UN Special Rapporteur expressed concern over the fact that torture and coercion are already applied at the moment of actual detention and when detainees are taken to a police station, and this time period is never registered. National legislation allows the police to carry out arrests on suspicion of committing an offence without judicial orders which “in itself creates the ground for maltreatment.” 69 The illegal – and almost routine – procedure for unregistered arrests makes it difficult to identify whether or not the maximum three-hour detention period used at the first stage of deprivation of liberty is followed at all. As detainees are not registered at the moment of actual detention, persons deprived of their liberty are highly vulnerable and not protected from torture and ill treatment, because in practice it is at this very stage that basic safeguards are normally not provided, and those arrested are left without any protection.70 The UN Special Rapporteur recommended ensuring strict compliance with the rule to register detainees from the moment of actual detention. Respect for the right to legal defence In its Concluding Observations, the UN Human Rights Committee noted that all detainees should enjoy immediate access to a defence lawyer.71 66 Monitoring group report, No. 14-d. Monitoring group report, No. 3-1/1. 68 Monitoring group report, No. 1-3/16. 69 Report of the UN Special Rapporteur on Torture, para. 44. 70 Report of the UN Special Rapporteur on Torture, para. 43. 71 Human Rights Committee, Concluding Observations on Georgia, U.N. Doc. CCPR/C/79/Add.74, 9 April 1997, para. 28. 67 62