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Arrest, Detention and Imprisonment

Arrest, Detention and Imprisonment. Legal Framework. I nternational C ovenant on C ivil and P olitical R ights (ICCPR) Body of P rinciples for the Protection of All Persons under any Form of D etention or I mprisonment (PDI)

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Arrest, Detention and Imprisonment

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  1. Arrest, Detention and Imprisonment

  2. 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) • Standard Minimum Rules for the Treatment of Prisoners (SMR) • Declaration on the Protection of All Persons from Enforced Disappearance (DED) • Basic Principles on the Role of Lawyers

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

  4. Terminology ARREST DETENTION PROCEDURE IMPRISONMENT PROCEDURE

  5. TerminologyArrest • Act of apprehending a person for the alleged commission of an offence or by action of an authority.

  6. TerminologyDetention • Depriving a person liberty without a result of conviction.

  7. TerminologyImprisonment • Depriving a persons liberty as a result of a conviction of an offence by court.

  8. Arbitrary Arrest and Detention Deprivation of liberty, without legal reason or process, by an act of Government or with its complicity, tolerance or acquiescence.

  9. 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

  10. 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

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

  12. Torture Torture means: (Convention against Torture - CAT)

  13. 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

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

  15. Communication and Visits • Legal representative • Family • Diplomatic missions • Medical personnel • Religious authorities

  16. Questions?

  17. Questions ?

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