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hierarchical link between the two forces. Apart from its general mandate, the
Garde Civile has also some specific tasks, like the investigation of fraud,
arms-trafficking, etc. In view of these specific tasks, the Garde Civile,
which is still in the process of formation, is now mainly present in the
border-areas, although it will gradually be represented throughout the country.
Agence Nationale de Documentation
15. The Agence Nationale de Documentation (AND) was created in
November 1983. Its mandate is concerned with matters of national security and
it has two branches: the Service de Documentation Interieure (SDI) and the
Service de Documentation Exterieure (SDE). For the purpose of the Special
Rapporteur's visit, only the SDI is of relevance. Its main function is the
prevention of any act that may harm the State security. There are AND offices
in various parts of the country; AND agents are authorized to detain persons
who are considered harmful to the national security. It was explicitly stated
to the Special Rapporteur that AND only arrests people who have committed a
criminal act as described in the Penal Code and never deprives persons of
their liberty purely as a preventive measure.
Agence Nationale de 1'Immigration
16. This agency, which has roughly the same task as an immigration office,
carries out its function in the border areas.
Service d'Action et de Renseignements Militaires
17. The Service d'Action et de Renseignements Militaires (SARM) was created
in November 1986 as the successor of another military intelligence agency
which was disbanded because of notorious abuses of power by its chief and its
members. According to information received by the Special Rapporteur,
12 officers were brought to trial and severely punished and 380 other officers
were dismissed. The new service had to recruit and train new personnel. Its
main task is to guarantee the security of the armed forces. It is authorized
to arrest not only members of the armed forces but also civilians who have
committed acts against the security of the army, like incitement to mutiny,
the theft of arms belonging to the military etc. It has no units in the
country. Being a military intelligence agency, its officers are placed within
the various staff units of the armed forces.
18. The existence of a variety of law enforcement forces and security
agencies leads to a rather complicated pattern of competence and
responsibilities. Investigations are usually carried out by the competent
authority even if the arrest has been made by another agency. If the
Gendarmerie or the Garde Civile arrest a person who is found to be in
possession of weapons, they will transfer the suspect to SARM if the weapons
turn out to be weapons used by the army. If this is not so, the case will be
investigated by the agency which arrested the person (or, eventually, by AND).
19. It was explicitly stated to the Special Rapporteur that each and every
agency is bound in exactly the same way by the legal provisions regarding
arrest and detention of persons. That means that in all cases the 48-hour
rule and the 5-day term must be respected. If an arrest has been made in
violation of the rules provided by the law, this is punishable under
article 180 of the Penal Code by imprisonment of up to one year.