A/HRC/4/40/Add.3
page 17
Code. Lawyers in the Public Defender’s Office and the Commissioner of Police concede that,
while the police are taking effective action to notify the Public Prosecutor’s Office within a
period of 12 hours of detention measures, detainees are being held for periods of between 8 and
10 days before being brought in person before judges for a preliminary hearing. During these
periods, detainees remain in the police cells.
78.
As a result, the judges presiding over the hearing do not receive the detainees within a
period of 48 hours from their being taken into detention, even though the Public Prosecutor’s
Office informs the judges in writing that the detainees have been placed at their disposal, and the
requirements for physical attendance at the preliminary hearing are thus not being respected.
Similarly, the judge presiding over the preliminary hearing is not able to rule within a period of
48 hours on whether the arrested person should be kept in custody or released or, if such a ruling
is made, it is done so in the detainee’s absence; from all this, it may be deduced that the
preliminary hearing is treated as a pure formality and that on many occasions it is the initial
hearing - which should in fact be the second hearing - at which the physical presentation of the
detainees, which, as stipulated by the Code, should take place within 48 hours of arrest, actually
occurs.
79.
The Working Group also doubts whether, in all cases, this second appearance by
detainees actually takes place within the 12 days following their initial detention (48 hours plus
10 days), as stipulated in article 265 of the Code, since, at a meeting with the delegation, lawyers
from the Public Defender’s Office stated their view that, when the preliminary hearings were
being held more than 12 days after the arrest, the detainees should have been released. The
public defenders considered that this period of 12 days during which, as stipulated by the Code,
judges must call an initial hearing, should be non-negotiable and, on its expiry, should entail
dismissal of the case, as expressly stated in the Code in the event of failure to comply with the
time limits set for the conduct of the trial.
80.
Without prejudice to the procedural significance of this time limit and the possible
consequences for the detainees of its non-observance, the Managua appeals court has rejected the
interpretation by lawyers and the Working Group is concerned by a growing trend to tolerate, in
practice, violation of the procedural time limits pertaining to the legal framework of detention.
81.
In its visits to the Estelí and Bluefields police stations, the delegation observed that there
were no specific and systematic registers recording with clarity and precision the dates on which
detainees were admitted to and left the police station, the offices and the authorities to which
they were presented and the various authorities responsible for the detainees.
82.
At the same time, representatives of non-governmental organizations, lawyers and some
judges informed the delegation that police officers, when taking people into custody without a
court order, did not always do so within the stipulated period of 12 hours of having become
aware of the commission of an offence. They pointed out that, on occasion, before this period
has expired, certain investigations are carried out with the aim of determining whether
notification of the offence has in fact been received during the period stipulated in article 231 of
the Code.
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