CAT/OP/MNG/1
(d)
detention;
Detainees should be held in appropriate facilities while in police
(e)
The practice of sending detainees to temporary or pretrial detention
facilities without prosecutorial or judicial scrutiny should cease forthwith;
(f)
Prosecutors should act independently of the police when reviewing
requests for the prolongation of initial detention or for temporary or pretrial
detention.
Administrative detention and sobering-up units
52.
The Subcommittee notes the steps taken to address alcohol abuse and domestic
violence in the State party. It is concerned, however, that the processes of administrative
detention applicable to such conduct run the risk of resulting in forms of arbitrary detention,
without the benefit of legal safeguards or proper judicial oversight. It is also concerned that
there appears to be no practical difference in the experience of those who have committed
an administrative offence while intoxicated and those who have not, effectively making
being intoxicated the offence. The Subcommittee is also concerned that domestic violence
is treated as an administrative offence, rather than a criminal one.
53.
The Subcommittee observed that some of those held in the sobering-up units and
administrative detention centres were not informed of their rights or the length of their
detention, nor were they medically examined, which is of particular concern with regard to
those arriving at sobering-up units.
54.
The Subcommittee recommends that:
(a)
Persons suspected of committing administrative offences while under the
influence of alcohol should be held separately from those detained in an intoxicated
state and treated in manner appropriate to the reasons for their detention;
(b)
Those detained for being under the influence of alcohol should have their
blood alcohol concentration (BAC) measured immediately upon arrival at the
detention unit and a consistent and appropriate BAC threshold should be applied; 18
(c)
Persons held in sobering-up units must be informed of their rights and
the reasons for, and duration of, detention, which must not exceed the maximum
period provided for by law (24 hours). Those detained in such units must be allowed
to inform a family member or the next of kin of their detention, be medically
examined upon arrival and have access to a lawyer and a doctor, as necessary.
55.
The Subcommittee notes with concern that detainees suspected of committing
administrative offences were at times held for longer than the maximum period prescribed
by law. Although judicial authority is involved in the placing of a person in administrative
detention, it appears that the role of the judiciary in this regard is almost entirely formalistic.
Moreover, administrative detainees reported that there were no practical means by which
they might appeal against a decision to detain them, given that appeals do not have a
suspensory effect on the implementation of those decisions and the period of detention will
typically have elapsed before such appeals are considered.
56.
The Subcommittee recommends that the State party ensure that temporary
administrative detention does not exceed the maximum period prescribed by law.
Orders for detention for administrative offences should be subject to full and proper
judicial oversight, and all legal safeguards for detainees should be applicable and
exercisable. An effective means of appealing against orders for administrative
detention that delivers a practical outcome should be put in place.
18
The Subcommittee on Prevention of Torture was informed that the level was set at 0.02 per cent at
some police stations.
11
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