Arrest, Detention and Imprisonment

UNAMID POLICE MANDATE

1. Establish Com Pol in 2. 3. 4. 5.
6.Report of the welfare of IDP Camps. the detained persons. Capacity Building of 7.Monitor & verify security GOS Police. in IDP camps 8.Advise on development of Institutional Devpt of policing plans & monitor the Police of the Movts. Movts. their implementation. Conduct proactive patrols 9.Support integration of exexcombatants. Address issues related to GBV &Abuse of 10. Facilitate provision of Children. humanitarian assistance

Legal Framework
 International Covenant on Civil and Political Rights
(ICCPR)

 Body of Principles for the Protection of All Persons under

any Form of Detention or Imprisonment (PDI) (SMR)

 Standard Minimum Rules for the Treatment of Prisoners  Declaration on the Protection of All Persons from
Enforced Disappearance (DED)

 Basic Principles on the Role of Lawyers

Fundamental Standards
1. 2. 3. 4. 5. 6. Right to life, liberty and security Prohibition on arbitrary arrest/detention Proportionality in use of force Rules on arrest & following arrest must be observed Special provisions for women and juveniles Unlawful arrest or detention gives right to compensation

Terminology
ARREST

DETENTION

PROCEDURE IMPRISONMENT PROCEDURE

Terminology
Arrest

 Act of apprehending a person for the alleged

commission of an offence or by action of an authority.

Terminology
Detention

 Depriving a person liberty without a result of

conviction.

Terminology
Imprisonment

 Depriving a persons liberty as a result of a

conviction of an offence by court.

Group Work
1. What are the procedures regarding arrest:
Before, During and Immediately after arrest

2. List down rights of the arrested/detained

persons

3. Give several examples of what you can

consider as illegal (arbitrary) arrest/detention

Arbitrary Arrest and Detention

Deprivation of liberty, without legal reason or process, by an act of Government or with its complicity, tolerance or acquiescence.

What is arbitrary
 Not based on legal ground  Not respecting legal procedures  Not reasonable or appropriate  Not proportional to the legal objectives  Discriminatory  Not predictable

Procedure
Arrest, Detention and imprisonment shall only be carried out strictly in accordance with the law and by competent officials or persons authorized for that purpose.

Procedure
Anyone arrested shall be informed at the time of arrest of the reason for the arrest and shall promptly be informed about the charges against him/her. He or she shall promptly be informed about his/hers legal rights.

Procedure
 To have judged the lawfulness of the arrest or
detention by a judge or judicial authority with similar powers.  To be tried without undue delay or to be released

Procedure
 To notify the family or chosen person of
the arrest or detention

 The parents or guardian of an arrested

juvenile must be informed of the arrest immediately

Procedure
 No one shall be compelled to confess or to
testify against himself

 Where necessary, an interpreter shall be

provided during interrogation

Procedure
 Arrest Record
 The reason for arrest  The time of the arrest  The place of custody  Time of first appearance before a judicial
authority  The identity of law enforcement officials involved  The above to be communicated to  The arrested person  To his/her legal counsel

The 48 hour rule

 Every person arrested and detained
should be brought before a court as soon as reasonably possible but no later than 48 hours after arrest in order to:
 Be charged  Be considered for bail or release

Treatment of Detainees
 Prohibition of:
      Torture Cruel treatment Inhuman treatment Degrading treatment Violence Threats

Torture
Torture means: (Convention against Torture - CAT)
WHAT
An act inflicting:

FOR WHAT PURPOSE

For such purposes as:

BY WHOM
By a public official or any person acting in an official capacity either:

Severe pain or suffering Obtaining information Either physical or Obtaining confession Inflicted directly by the mental pain Punishment for an act official, or Which is done committed intentionally Intimidating or coercing At the instigation of the
someone For any reason of discrimination official, or With the acquiescence of the official

Treatment of Detainees
 Respect for religious
and moral beliefs  Respect for special status and rights of woman and juvenile  Methods of interrogation must be ethical and lawful  Discipline and punishment of detainees are bound to strict rules

Detention Facilities
 Official recognized place  Humane  Healthy  Adequate food, water, shelter and clothing  Adequate medical service  Adequate exercise facilities and
opportunities

Communication and Visits

    
Legal representative Family Diplomatic missions Medical personnel Religious authorities

Questions ?