Situation during the visit
(A/HRC/16/52/Add.3)
Information received in the reporting period
Safeguards and prevention
(g) Reduce, as a matter of urgent
priority, the period of police custody
to a time limit in line with
international standards (maximum 48
hours);
Appalling conditions in police custody might
be bearable for a maximum of 48 hours, but
the fact that detainees remain there for
several months or even years amounts to
inhuman treatment.
Government: Under the Constabulary Force (Interim
Provisions for Arrest and Detention) Act, a person may be
remanded in custody for a period not exceeding seventy-two
hours. This may only be done, however, if a Justice of the
Peace is satisfied that the arrest or detention of the person is
reasonably required in the interest of justice, having regard to
such further investigations as may be required. At the
expiration of that period of remand, the law requires that the
person be taken before a Resident Magistrate. Where a Justice
of the Peace is not satisfied that the arrest or detention of the
person is reasonably required in the interests of justice, he
must order that the detention of the person be released
forthwith. The requirement that a Justice of the Peace make a
determination in each case provides a safeguard for the
protection of the rights of the detainee. The Ministry of Justice
is actively sensitizing new and current Justices of the Peace
about their responsibility and duty under this Act. The Legal
Aid Council has also intensified its drive toward seeking Writs
of Habeas Corpus in situations where persons are detained for
extended periods without being charged.
police officers. It is reported that the practices of witness
intimidation, coercion, and extensive judicial delays are
widespread. Reportedly, the Government continues to ignore
requests to impose sanctions on official‘s accused of illtreatment, and instead leaves them on full-duty whilst
investigations are carried out. In some cases, officers are even
promoted. Investigations are reportedly relying on the evidence
of civilian eye-witnesses as opposed to forensic/scientific
evidence. Reportedly, in circumstances where the witnesses are
fearful to attend court, there is rarely enough substantial
evidence available to convict the officers.
Non-governmental sources: It is reported that the
Government has reportedly opted to extend pre-charge
detention to 72 hours through the Constabulary Force (Interim
Provisions for Arrest and Detention) Act (introduced
immediately after the State of Emergency in 2010). The Act
aims to improve the police force‘s ability to ―catch perpetrators
A/HRC/19/61/Add.3
132
Recommendation
(A/HRC/16/52/Add.3)
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