Section 1. Respect for the Integrity of the Person
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.
Arrest Procedures and Treatment of Detainees
The law authorizes police to arrest persons suspected of criminal activity; a warrant issued by a judge or justice of the peace based on evidence is typically required. Authorities may hold detainees without charge for up to five days, but once persons are charged, police must bring them before a court within 24 hours, or the next working day if the arrest occurred during the weekend. There was a functioning bail system. Criminal detainees receive prompt access to counsel and are advised of that right immediately after arrest. The law prohibits bail for those charged with murder, treason, or any gun-related offense that is punishable by imprisonment of 10 years or more.
Official procedures require police to question suspects and other persons only at a police station, except when expressly permitted by a senior divisional officer to do so elsewhere. An officer must visit detainees at least once every three hours to check on their condition. After a suspect has spent 48 hours in detention, the detaining authority must submit a written report to notify the deputy police commissioner and the police commissioner that the suspect is still in custody.
Pretrial Detention: Legal authorities expressed concern regarding lengthy stays in pretrial detention. Civil society representatives and media reports indicated that delays of five to seven years before cases went to trial were common, and in extreme cases detainees could wait up to 10 years before trial. On October 12, the chief justice stated that holding persons in extended pretrial detention without any indication of a trial date was inconsistent with the constitution. He announced that the superintendent of prisons would be required to submit a quarterly report of all persons being held in pretrial detention. The chief justice also said that he would prioritize cases involving murder, firearms, and sexual assault.
The Court of Appeal launched a new, automated, court case management system in September to replace the existing paper-based system, with the goal of improving the judiciary’s operating efficiency and reducing case backlog.