Exercise
Arrest
During the pre-electoral period in Exland, you have begun to receive reports of a dramatic increase in arrests. You have been advised, by United Nations human rights monitors, that the vast majority of those arrested are political activists opposed to the
current Government, including two opposition candidates and dozens of campaign
workers. On further investigation, you learn that most of these arrests have been carried out at night, few were preceded by the securing of an arrest warrant by local
police, and none of the arrestees has been released.
Mario X. is one of the arrestees. He is a well-known local religious leader of
Highlandian ethnicity, 74 years old, and has lived in the same village for his entire life.
He heads a local NGO known as the Foundation for God and Justice, which has been
active in the human rights movement and openly critical of the human rights record of
the Government. His organization had publicly endorsed a list of opposition candidates on the day before his arrest. Also arrested was Thomas G., 23 years old, an assistant to Mario X. working for the Foundation.
According to neighbours in the building, at approximately midnight two weeks ago a
group of some 15 police officers broke down the door to Mario’s apartment, dragged
him from his bed, beat him and carried him to a waiting police vehicle. Mario’s family and neighbours watched helplessly from the windows as he was driven away into
the night by the silent police officers, screaming “What have I done, why are you
arresting me?” Twenty minutes later, a group of men wearing masks and plain clothing appeared at the nearby home of Thomas, entered by force and took him away in an
apparently civilian vehicle. One witness has indicated that, while the car was
unmarked, it was of the make and model commonly used by the Government. Few cars
of this kind are owned by private persons.
The police have responded to inquiries by stating that they had uncovered evidence of
a plot among opposition figures to carry out subversive activities aimed at discrediting the Government, destabilizing the country further and returning the country to
full-scale civil war. They claim that such people were using the electoral campaign as
a cover for fomenting unrest and planning violent attacks. While they confirm the
arrest of Mario, they insist that they know nothing about the whereabouts of Thomas.
The police further state that Mario is being held under certain special security laws in
force since the beginning of the state of emergency, and that they will therefore not
allow anyone to visit him. They claim that he will probably soon be charged with subversion, at which time “we will see if a judge is available to see him”. They display an
arrest record which states, simply, that Mario was arrested at 12:20 a.m. two Saturdays
ago on the order of the local chief of police. No further information appears on the
arrest record. Mario’s family has tried to obtain further information but has been told
that this is a “State security case” and that no visits will be allowed and no information given.
1. What are the arrest rights of Mario that appear to have been violated?
2. What about Thomas’s rights? Why is his case particularly dangerous?
3. What action should be taken?
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