for up to 11 days.
d) Those legally arrested should not be
held in facilities under the control of
their interrogators or investigators for
more than the time required by law to
obtain a judicial warrant of pre-trial
detention, which should not exceed
48 hours. After this period
they should be transferred to a pre-trial
facility under a different authority,
where no further unsupervised contact
with the interrogators or investigators
should be permitted;
Disruptive Activities (Control
and Punishment) Ordinance
(TADO) and the 1989 Public
Security Act (PSA)) effectively
provided the police and the
military with sweeping powers to
detain suspects for preventive
reasons, in some cases for up to
12 months;
(Section 15 (2) of the State Cases
Act requires that arrested persons
be produced before the
“appropriate authority” within 24
hours, and prohibits any person
from being held for a longer
period without orders of such
authority).
Detainee registers were poorly
kept, if at all.
According to Article 24 (3) of the
Interim Constitution 2007, detainees
must be presented before a judge
within 24 hours of arrest.
Non-governmental sources: There
are some significant gaps in
constitutional protection, e.g. with
regard to the rights of non-citizens,
to liberty and security and
provisions permitting derogation
from rights during a state of
emergency.
Non-governmental sources:
Detainees in police custody continue
to be held beyond the 24 hours
permitted by law. A lack of accurate
record keeping in many prisons and
police detention facilities makes it
difficult to hold police personnel
accountable for these violations .
In practice, Article 24 (3) is not
respected. In many cases detainees
are not provided with arrest
warrants and are held in police
custody for up to several weeks.
The Terrorist and Disruptive
Activities (Control and Punishment)
Ordinance (TADO) 2006 – under
which many detainees were held
without charge or trial under the
previous Government – expired at
the end of October 2006 and has not
been renewed. Most detainees held
under TADO were gradually
released after April 2006.
Non-governmental sources: In
March 2006 the Office of the Prime
Minister and the Council of
Ministers opened the Human Rights
Central Registry, whose functions
included, inter alia, maintaining a
list of detainees throughout the
country. National Army, Home
Office, Armed Police Force (APF)
Non-governmental sources:
According to the Police Act, the
police authorities are obliged to
maintain a standardized register
indicating all complaints and
charges, the names of the arrested
persons, the name of the
complainants, the offense for which
persons were arrested, the arms or
A/HRC/13/39/Add.6
117
e) maintenance of custody registers
be scrupulously ensured, including
recording of the time and place of
arrest, the identity of the personnel, the
actual place of detention, the state of
health upon arrival of the person at the
detention centre, the time family and a
lawyer were contacted and visited the
detainee, and information on
Legislation (2004 Terrorist and
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents