Section 1. Respect for the Integrity of the Person, Including Freedom from:
d. Arbitrary Arrest or Detention
The constitution and law prohibit arbitrary arrest and detention, but there were credible reports of extrajudicial arrests, illegal detentions, and denial of timely access to a magistrate and hearing as required by law. Suspects are entitled to challenge in court the legal basis or arbitrary nature of their detention. If successful, their release usually took several days. There was no compensation for those ruled unlawfully detained.
ROLE OF THE POLICE AND SECURITY APPARATUS
The PNC, which is overseen by the Ministry of Government and headed by a director general appointed by the ministry, is responsible for law enforcement and maintenance of order in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army in internal security and policing as permitted by the constitution.
Civilian authorities in some instances failed to maintain effective control over the PNC, and the government lacked effective mechanisms to investigate and punish abuse and corruption. At times the PNC struggled to deploy its resources effectively across the country.
There were reports of impunity involving security forces. In cases involving police forces, the ORP is responsible for internal investigations and the Public Ministry is responsible for external investigations. Authorities arrested approximately 210 police officials from January through September, compared with 376 in all of 2016. A police reform commission, established by a previous administration, has a legal mandate to make necessary changes to reform police forces. The commission’s infrastructure unit provided design support for the establishment of model police precincts throughout the country.
The ORP reported that from January through August, there were 17 complaints of police extortion and 290 for abuse of authority, compared with 747 and 206, respectively, in all of 2016, according to the Public Ministry’s Strategic Planning Office. The PNC routinely transferred officers suspected of wrongdoing rather than investigating them.
Critics accused police of indiscriminate and illegal detentions when conducting antigang operations in some high-crime neighborhoods. For example, security officials allegedly arrested and imprisoned suspected gang members without warrants or on fabricated drug charges. The local press also reported police involvement in kidnappings for ransom.
In September, Guilber Josue Barrios, a soldier who allegedly drugged and raped a 14-year-old student at a civil military institute administered by the Ministry of Defense in March 2016, was captured in Mexico. On October 9, he was indicted.
The ORP conducted internal investigations of misconduct by police officers. During the first eight months of the year, the ORP reported receiving 1,222 complaints alleging misconduct by police.
All new PNC and soldiers receive some training in human rights and professional ethics. During the year the Ministry of Defense increased its Human Rights Directorate personnel from eight to 13 staff members and incorporated a gender integration unit.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires presentation of a court-issued warrant to a suspect prior to arrest unless police apprehend a suspect while in the act of committing a crime. Police may not detain a suspect for more than six hours without bringing the case before a judge. Authorities did not regularly respect this right and did not promptly inform some detainees of the charges against them. After arraigning suspects, the prosecutor generally has three months to complete the investigation if the defendant is in pre-trial detentions, and six months to complete the investigation if the defendant is granted house arrest. The law prohibits the execution of search warrants between 6 p.m. and 6 a.m. unless the government has declared a state of siege. Judges may order house arrest for some suspects. The law provides for access to lawyers and bail for most crimes. The government provides legal representation for indigent detainees, and detainees have access to family members. A judge has the discretion to determine whether bail is permissible for pretrial detainees.
Arbitrary Arrest: There were no reliable data on the number of arbitrary detentions. Most accounts, however, indicated that police ignored writs of habeas corpus in cases of illegal detention, particularly during neighborhood antigang operations.
Pretrial Detention: As of August 25, prison system records indicated 50.6 percent of prisoners were in pretrial detention. The law establishes a one-year maximum for pretrial detention, regardless of the stage of the criminal proceeding, but the court has the legal authority to extend pre-trial detention without limits as necessary. Authorities regularly held detainees past their legal trial or release dates. Lengthy investigations and frequent procedural motions by both defense and prosecution often led to lengthy pretrial detentions, delaying trials for months or years. Authorities did not release some prisoners after completing their full sentences due to the failure of judges to issue the necessary court order or other bureaucratic delays.