Situation during visit
(See E/CN.4/2006/6/Add.5)
(c) Incommunicado
detention made illegal,
and persons held
incommunicado
released without delay
A large number of persons
taken involuntarily by security
forces were being held
incommunicado at unknown
locations.
Steps taken in previous years
(See A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
so treated shall be compensated in
accordance with the decision
determined by law.”
2006: Section 62 of the Army Act 2006
(amendment of Military Act 1959)
criminalizes torture (without providing
a definition) and requires investigations
by civilian authorities headed by the
Deputy Attorney General. A special
court presided by an Appellate Court
Judge is competent for such crimes.
2007: Interim Constitution of 2007
article 24 (2) provides for immediate
access to legal counsel, and, according
to 24 (3), detainees must be presented
before a judge within 24 hours of arrest.
(d) Those legally
arrested should not be
held in facilities under
Legislation (2004 Terrorist and
Disruptive Activities (Control
and Punishment) Ordinance
2007: According to 24 (3) of the
Interim Constitution detainees must be
presented before a judge within 24
Steps taken since December 2007/current
situation
Disappearances, and a Land Reforms
Commission.
The Special Rapporteur has not received
information on the current status of the draft
torture bill on the numbers of persons
indicted and convicted on the basis of
Section 62 of the Army Act.
•
Non-governmental sources: Although
incommunicado detention is less
common now than during the conflict,
unacknowledged detention, failure to
observe court orders regarding releases,
and illegal (unacknowledged) detention,
particularly by the Armed Police Force
(APF), continue to occur from time to
time. Often the arrest date recorded is
the day a person is presented to the
court, even if an individual has spent
several days in incommunicado detention
• Systematic incommunicado detention of
political detainees ended with the
ceasefire in April 2006, however cases of
incommunicado detention for up to 11
days continue to be reported.
Non-governmental sources: In practice, the
relevant constitutional provisions are not
respected. In many cases detainees continue
A/HRC/10/44/Add.5
page 66
Recommendation
(E/CN.4/2006/6/Add.5)
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