E/CN.4/1990/17/Add.l page 5 hierarchical link between the two forces. Apart from its general mandate, the Garde Civile has also some specific tasks, like the investigation of fraud, arms-trafficking, etc. In view of these specific tasks, the Garde Civile, which is still in the process of formation, is now mainly present in the border-areas, although it will gradually be represented throughout the country. Agence Nationale de Documentation 15. The Agence Nationale de Documentation (AND) was created in November 1983. Its mandate is concerned with matters of national security and it has two branches: the Service de Documentation Interieure (SDI) and the Service de Documentation Exterieure (SDE). For the purpose of the Special Rapporteur's visit, only the SDI is of relevance. Its main function is the prevention of any act that may harm the State security. There are AND offices in various parts of the country; AND agents are authorized to detain persons who are considered harmful to the national security. It was explicitly stated to the Special Rapporteur that AND only arrests people who have committed a criminal act as described in the Penal Code and never deprives persons of their liberty purely as a preventive measure. Agence Nationale de 1'Immigration 16. This agency, which has roughly the same task as an immigration office, carries out its function in the border areas. Service d'Action et de Renseignements Militaires 17. The Service d'Action et de Renseignements Militaires (SARM) was created in November 1986 as the successor of another military intelligence agency which was disbanded because of notorious abuses of power by its chief and its members. According to information received by the Special Rapporteur, 12 officers were brought to trial and severely punished and 380 other officers were dismissed. The new service had to recruit and train new personnel. Its main task is to guarantee the security of the armed forces. It is authorized to arrest not only members of the armed forces but also civilians who have committed acts against the security of the army, like incitement to mutiny, the theft of arms belonging to the military etc. It has no units in the country. Being a military intelligence agency, its officers are placed within the various staff units of the armed forces. 18. The existence of a variety of law enforcement forces and security agencies leads to a rather complicated pattern of competence and responsibilities. Investigations are usually carried out by the competent authority even if the arrest has been made by another agency. If the Gendarmerie or the Garde Civile arrest a person who is found to be in possession of weapons, they will transfer the suspect to SARM if the weapons turn out to be weapons used by the army. If this is not so, the case will be investigated by the agency which arrested the person (or, eventually, by AND). 19. It was explicitly stated to the Special Rapporteur that each and every agency is bound in exactly the same way by the legal provisions regarding arrest and detention of persons. That means that in all cases the 48-hour rule and the 5-day term must be respected. If an arrest has been made in violation of the rules provided by the law, this is punishable under article 180 of the Penal Code by imprisonment of up to one year.

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