well as guarantees of the right to liberty and security of the person and access to defence counsel
(e.g. equality of arms, adversarial proceedings).
Compliance with procedural safeguards in relation to arrest and detention of criminal
suspects
According to Article 95 of the CPC KR, a detention report with respect to those suspected of
committing an offence should be compiled no later than three hours from the moment of actual
detention, and an investigator should report it, in writing, to a prosecutor within twelve hours from
the moment a detention report is compiled. A detention report should mention the time of detention
(hours and minutes), starting from which the 48-hour detention period is calculated. Furthermore,
Article 98 of the CPC contains a strict requirement whereby persons suspected of committing an
offence should be held only in temporary detention facilities.
However, in the course of the monitoring, numerous cases were detected when these requirements
are disregarded and suspects are held in places that do not qualify as temporary detention facilities.
Under these circumstances investigators are in a position to possibly do anything they deem
appropriate to suspects for the purposes of solving criminal cases in which they are suspected,
including at times forcing them to confess about the perpetration or involvement in other unrelated
crimes that are still pending investigation.
In the course of the monitoring study it was identified that in 274 cases suspects were placed in TDFs under
internal affairs bodies later than the moment of their actual detention. This time period varies from several
hours to several days:
Diagram 22.
Time in TDFs after actual detention
In the majority of cases, those detained illegally were hidden in the offices in the buildings of
district and city departments of the interior. At the same time, monitoring groups documented cases
when detainees were held in village and city police stations illegally and for a long time or in the
buildings of other units under internal affairs bodies, or were driven around in cars belonging to
police officers for hours.
61
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