A large number of persons taken
involuntarily by security forces
were being held incommunicado
at unknown locations.
other ill-treatment, and contains a
limitation clause of 35 days.
Article 24 (2) of the Interim
Constitution of 2007 provides for
immediate access to legal counsel.
Section 24 (3) stipulates that
detainees ought to be presented
before a judge within 24 hours of
their arrest.
Non-governmental sources:
Although incommunicado detention is
less common now than during the
conflict, it has reappeared in the
recent past in connection with
detained individuals accused of
belonging to armed groups. OHCHR
has documented numerous cases of
illegal detention of suspected
members of armed groups. Police
regularly deny that suspected armed
group members are in police custody,
and have held individuals
incommunicado for multiple days
before acknowledging that they are in
detention or without granting access
to organizations such as OHCHR or
the National Human Rights
Commission. Police continue to keep
inaccurate records of detention in
which they falsify the date of arrest.
Non-governmental sources:
Although incommunicado detention
is less common now than during the
conflict, unacknowledged detention
and failure to observe court orders
regarding releases, particularly by
the Armed Police Force (APF),
continue to occur. Often, after
detaining an individual
incommunicado for several days, the
police subsequently record the
arrest date as the day on which this
person was finally presented in
court.
Systematic incommunicado
detention of political detainees
ended with the ceasefire in April
2006; however there are still some
cases of incommunicado detention
A/HRC/13/39/Add.6
116
c) incommunicado detention made
illegal, and persons held
incommunicado released without
delay
Commission, a High Level Truth
and Reconciliation Commission
(TRC), a High Level Commission
for State Restructuring, a
Commission on Disappearances,
and a Land Reforms Commission.
Beyond the reference to the
appointment of a TRC and a
Commission on Disappearances, the
CMP remained silent in relation to
accountability for past human rights
abuses.
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