Situation during visit in 2005
(See E/CN.4/2006/6/Add.6)
held in facilities under
the control of their
interrogators or
investigators for more
than the time required
by law to obtain a
judicial warrant or
pretrial detention,
which normally
should not exceed a
period of 48 hours.
After this period they
should be transferred
to a pretrial facility
under a different
authority, where no
further unsupervised
contact swith the
interrogators or
investigators is
permitted.
(f) Recourse to
pretrial detention in
the Criminal
Procedures Law should
be restricted,
particularly for
non-violent, minor or
less serious offences,
and the application of
non-custodial
measures such as bail
organs broad discretion to detain
suspects for long periods in
custody without judicial review.
Coercive summoning could be
extended to up to 48 hours and
the period of examination
following formal arrest and prior
to submitting the case to the
Public Procuratorate could be
extended to up to seven days,
and up to 30 days for suspects of
organized crime (article 69).
Detention for the purpose of
criminal investigation was
generally possible for up to
14 days and could be prolonged
for up to 37 days (article 61).
Criminal detainees were held in
detention centres (Juliusuo)
under the jurisdiction of the
Public Security Bureau (PSB).
Upon approval by the
procuratorate, a suspect could be
held for up to a total of seven
months in investigative detention
by the police, which could be
extended by the procuratorate for
another six and a half months in
total or, in the case of the
discovery of new crimes,
indefinitely.
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
Information received on steps taken
since December 2007/current situation
long delays allowed for summons, formal
arrest by the police, approval of the arrest
by the Procuratorate and special
arrangements for some categories of
suspects remain in force. Suspects may
still be legally held in police custody for
up to 37 days prior to approval by the
procuratorate.
2006: The SPP placed extended detention
in criminal cases within the sphere of
oversight of the people’s supervisors,
which according to the Government, led
to a reduction in the use of extended
pretrial detention.
Non-governmental sources: pretrial
detention continues to be applied
excessively and for prolonged periods; in
cases involving state secrets detention, it
can be indefinite. During the pretrial
phase, suspects remain in detention
centres under the authority of the PSB.
The Special Rapporteur has not received
additional current statistics on the number
of pretrial detainees.
A/HRC/10/44/Add.5
page 9
Recommendation
(E/CN.4/2006/6/Add.6)
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