Exercise Arrest During the pre-electoral period in Exland, you have begun to receive reports of a dramatic increase in arrests. You have been advised, by United Nations human rights monitors, that the vast majority of those arrested are political activists opposed to the current Government, including two opposition candidates and dozens of campaign workers. On further investigation, you learn that most of these arrests have been carried out at night, few were preceded by the securing of an arrest warrant by local police, and none of the arrestees has been released. Mario X. is one of the arrestees. He is a well-known local religious leader of Highlandian ethnicity, 74 years old, and has lived in the same village for his entire life. He heads a local NGO known as the Foundation for God and Justice, which has been active in the human rights movement and openly critical of the human rights record of the Government. His organization had publicly endorsed a list of opposition candidates on the day before his arrest. Also arrested was Thomas G., 23 years old, an assistant to Mario X. working for the Foundation. According to neighbours in the building, at approximately midnight two weeks ago a group of some 15 police officers broke down the door to Mario’s apartment, dragged him from his bed, beat him and carried him to a waiting police vehicle. Mario’s family and neighbours watched helplessly from the windows as he was driven away into the night by the silent police officers, screaming “What have I done, why are you arresting me?” Twenty minutes later, a group of men wearing masks and plain clothing appeared at the nearby home of Thomas, entered by force and took him away in an apparently civilian vehicle. One witness has indicated that, while the car was unmarked, it was of the make and model commonly used by the Government. Few cars of this kind are owned by private persons. The police have responded to inquiries by stating that they had uncovered evidence of a plot among opposition figures to carry out subversive activities aimed at discrediting the Government, destabilizing the country further and returning the country to full-scale civil war. They claim that such people were using the electoral campaign as a cover for fomenting unrest and planning violent attacks. While they confirm the arrest of Mario, they insist that they know nothing about the whereabouts of Thomas. The police further state that Mario is being held under certain special security laws in force since the beginning of the state of emergency, and that they will therefore not allow anyone to visit him. They claim that he will probably soon be charged with subversion, at which time “we will see if a judge is available to see him”. They display an arrest record which states, simply, that Mario was arrested at 12:20 a.m. two Saturdays ago on the order of the local chief of police. No further information appears on the arrest record. Mario’s family has tried to obtain further information but has been told that this is a “State security case” and that no visits will be allowed and no information given. 1. What are the arrest rights of Mario that appear to have been violated? 2. What about Thomas’s rights? Why is his case particularly dangerous? 3. What action should be taken? 70

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