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Albania

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law and constitution prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these prohibitions.

Arrest Procedures and Treatment of Detainees

The law requires that, except for arrests made during the commission of a crime, police arrest a suspect on criminal grounds with a warrant issued by a judge and based on sufficient evidence. There were no reports of secret arrests. By law, police must immediately inform a prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must also decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police. Prosecutors requested, and courts ordered, detention in many criminal cases, although courts sometimes denied prosecutors’ requests for detention of well connected, high-profile defendants.

By law and based on a prosecutor’s request, the court has 72 hours to review pretrial detention status of a court-ordered arrest. Police may detain rather than formally arrest a suspect for a period not exceeding 10 hours. Due to overcrowding in the prison system, detainees, including juveniles, occasionally remained in police detention centers for longer than the 10-hour legal maximum.

The ombudsman reported that police used excessive force when arresting protesters who took part in rallies, mainly in Tirana. The ombudsman received several complaints of excessive use of force and injuries from tear gas during those protests and referred one case for prosecution. Protests against the municipality of Tirana’s demolition of the National Theater on May 17 resulted in 64 arrests, charged with disobeying law enforcement and participating in illegal gatherings (violating curfew imposed to counter the spread of COVID-19).

The constitution requires authorities to inform detainees immediately of their rights and the charges against them. Law enforcement authorities did not always respect this requirement. The law provides for bail and a system is operational; police frequently release detainees without bail, on the condition that they report regularly to the police station. Courts also often ordered suspects to report to police or prosecutors on a weekly basis. While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, NGOs reported interrogations often took place without the presence of a lawyer. Authorities placed many suspects under house arrest, often at their own request, because they would receive credit for time served if convicted.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention. Although the government generally observed these prohibitions, there were instances when police detained persons for questioning for inordinate lengths of time without formally arresting them.

Pretrial Detention: While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period. The law provides that pretrial detention should not exceed three years. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The law authorizes judges to hold offending attorneys in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion. As of August, 47 percent of the prison and detention center population was in pretrial detention.

Angola

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.

Arrest Procedures and Treatment of Detainees

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law, prosecutors must inform detainees of the legal basis for their detention within 48 hours. NGO sources reported authorities often did not respect the law. If prosecutors are unable to determine whether there is a legal basis for the detention within 48 hours, prosecutors have the authority to release the person from detention. Depending on the seriousness of the case, prosecutors may require the detained person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If prosecutors determine a legal basis exists for the detention, a detained person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda, most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

On March 27, prison authorities suspended all visits to detainees and inmates due to the “state of emergency” for COVID-19. Prison officials allowed lawyers to visit clients and allowed relatives to receive information about family members in custody. The suspension of visits continued through May 25 when the subsequent “state of calamity” entered into force. Presidential Decree 142/20 published on May 25 provided that visits to inmates were allowed on June 29, July 13, and July 27 for separate classes of inmates. Subsequent updates to the “state of calamity” on July 7, August 9, and September 9 did not mention visits to prisons. As of December there were no additional provisions that allowed families to visit their relatives in prison.

The wife of an inmate in the Kakila prison said that since the “state of emergency” began she could no longer visit or contact her husband and that she was only able to leave food at the front gate of the jail to be delivered to her husband. She said prisoners at Kakila jail lacked running water for more than one month.

Arbitrary Arrest: During the year there were instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Government authorities claimed known agitators, who sought to create social instability, organized many of the public demonstrations.

On August 5, in the Dande municipality of Bengo province, police arrested four activists (Domingos Periquito, Domingos Jaime, Gomes Hata, and Manuel Lima) who attempted to organize a protest against the lack of potable water. Domingos Jaime, a rapper known as Jaime MC, was hit by a police vehicle and later taken to the hospital. Police charged the activists for failure to wear face masks, but a judge dismissed the charges. Following the dismissal, Criminal Investigation Services returned the activists to the police who filed new charges for disobedience to authorities. The activists were convicted and given a one month suspended sentence converted to a fine. The activists had no money to pay the fine and remained in police custody until they were able to collect the fine amount.

On October 24, 103 persons were arrested in Luanda during a peaceful demonstration demanding improved employment conditions and local elections. Among those detained were persons from the surrounding area who were forcibly taken into custody without having participated in the demonstration. Of the 103 persons detained, six were released before trial, 26 were acquitted, and 71 were convicted of disobedience and fined.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to five years in pretrial detention. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.

Area Administered by Turkish Cypriots

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The “law” prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her arrest or detention in court. Authorities generally observed these requirements.

Arrest Procedures and Treatment of Detainees

“Judicial warrants” are required for arrests. According to the “law,” police must bring a detained person before a “judge” within 24 hours of arrest. Police can then keep the detainee in custody for up to three months, but a “judge” must review the detention after the third day and every eight days thereafter. Authorities generally respected this right and usually informed detainees promptly of charges against them, although they often held individuals believed to have committed a violent offense for longer periods without charge.

Bail may be granted by the “courts” and was routinely used. “Courts” confiscated detainees’ passports pending trial. An NGO reported that translators were not available for non-Turkish speakers, forcing defense attorneys or NGOs to provide one. According to one lawyer, during the detention review process officials pressured detainees to sign a confession in order to be released on bail. The lawyer cited situations in which police used the threat of prolonged detention to induce detainees to plead guilty.

According to the “constitution,” indicted detainees and prisoners have the right of access to legal representation. Authorities usually allowed detainees prompt access to family members and a lawyer of their choice, but NGOs reported there were cases in which authorities prevented detainees from seeing a lawyer. Authorities provided lawyers to the indigent only in cases involving violent offenses. Police sometimes did not observe legal protections, particularly at the time of arrest. Suspects who demanded the presence of a lawyer were sometimes physically intimidated or threatened with stiffer charges.

A lawyer said a “Central Prison” “regulation” prohibits sentenced individuals in solitary confinement from meeting with a lawyer without the “prison director’s” permission. The “prison director” may deny the visit without providing justification.

In January a lawyer announced two university student clients were beaten by police and forced to sign a statement. The students allegedly had cannabis in their dormitories. During the hearing the lawyer testified that police beat his clients with a wooden mop handle, resulting in bruises on their faces and legs. The lawyer also claimed his clients were not provided appropriate medical treatment.

Argentina

Section 1. Respect for the Integrity of the Person Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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

Police generally apprehended individuals openly with warrants based on sufficient evidence and issued by a duly authorized official. By law police may detain suspects for up to six hours without an arrest warrant if authorities have a well-founded belief they have committed or are about to commit a crime, or if police are unable to determine the suspect’s identity. In all cases authorities must immediately notify the state attorney’s office of the arrest. The state attorney may approve detention for up to 72 hours. In exceptional cases a judge may extend detention for another 72 hours. Human rights groups reported that police occasionally arrested persons arbitrarily and detained suspects longer than the law permitted or did not follow proper notification procedures.

The law provides detainees with the right to a prompt determination of the legality of their detention by a lower criminal court judge, who determines whether to proceed with an investigation. In some cases there were delays in this process and in informing detainees of the charges against them.

The law provides for the right to bail except in cases involving flight risk or risk of subornation of justice.

Authorities allowed detainees prompt access to counsel and provided public defenders if they were unable to afford counsel. In some cases such access was delayed due to an overburdened judicial system.

Arbitrary Arrest: Local NGOs reported that police on occasion arrested and detained citizens arbitrarily.

On August 19, Buenos Aires city police detained three street vendors of African descent for selling counterfeit goods. Local groups representing informal workers denounced the arrests as an unnecessary and involved excessive use of force. In March 2019 the UN Working Group of Experts on People of African Descent noted that migrants of African descent, especially street vendors, were reportedly the targets of arbitrary arrest and police violence. Human rights organizations also accused police forces of undertaking arbitrary arrests, nominally as a result of a national quarantine against COVID-19, which began on March 20 and ended in phases on November 8. The organizations accused police of failing to register arrests, treating arrestees with excessive force, and placing detainees in settings that threatened their health.

On August 16, onlookers captured video of five police officers violently arresting a woman in Bariloche as she walked her dog in violation of quarantine. Police officials told local press the woman insulted the officers after refusing multiple requests to return home. Bariloche mayor Gustavo Gennuso later announced an investigation into possible excessive use of force.

Pretrial Detention: The law provides for investigative detention of up to two years for indicted persons awaiting or undergoing trial; the period may be extended by one year in limited circumstances. The slow pace of the justice system often resulted in lengthy detentions beyond the period stipulated by law. The PPN reported that 53 percent of prisoners were awaiting trial during the first six months of the year.

Armenia

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 and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. There were reports of arbitrary arrest during the year.

Arrest Procedures and Treatment of Detainees

By law an investigative body must either arrest or release individuals within three hours of taking them into custody. Within 72 hours the investigative body must release the arrested person or file charges and obtain a detention warrant from a judge. The law requires police to inform detainees of the reasons for their detention or arrest as well as their rights to remain silent, to legal representation, and to make a telephone call. Bail was a legal option. According to human rights lawyers, following the 2018 “Velvet Revolution” courts were initially less likely to apply pretrial detention, opting for other preventive measures such as bail and signed undertakings not to leave the country.

Since 2019, however, observers noted courts’ increasing tendency to fall back into the previous practice of applying pretrial detention, with suspects bearing the burden of proof to demonstrate they did not present a flight risk or would not hamper an investigation. Trial courts were more likely to deny bail and apply pretrial detention in ordinary criminal cases, while more frequently rejecting prosecution requests for pretrial detention in high-profile corruption cases involving former government officials, causing some observers to question the judges’ impartiality. Experts also noted that in high-profile cases, the prosecution often failed to present compelling cases for detention to the courts.

Defendants were entitled to representation by an attorney from the moment of arrest, and the law provides for a public defender if the accused is indigent. According to human rights observers, few detainees were aware of their right to legal representation. Observers indicated police at times avoided granting individuals their due process rights by summoning and holding, rather than formally arresting, them under the pretext that they were material witnesses rather than suspects. Police were thereby able to question individuals without giving them the benefit of a defense attorney. This practice was particularly evident in the regions.

Armenian and Azerbaijani officials alleged that soldiers on both sides remained detained following intensive fighting in the fall (also see sections 1.a., 1.b., 1.c., and the Country Reports on Human Rights Practices for Azerbaijan). As of year’s end, two exchanges resulted in the return of 57 ethnic Armenian detainees and 14 Azerbaijani detainees. ICRC representatives visited a number of the detainees and continued to work with the sides to develop accurate lists and encourage the exchange of remaining detainees.

Arbitrary Arrest: There were several reports of arbitrary arrest during the year. For example, on August 6, media outlets reported the detention and subsequent release of Helsinki Association for Human Rights chair Nina Karapetyants after she conducted a solo picket against the development of a gold mine, even though the state of emergency provisions did not prohibit solo actions. On the same day, police detained and later released a number of other human rights defenders and environmental activists, including the Helsinki Association’s lawyer, Ara Gharagyozyan, and Coalition to Stop Violence against Women coordinator Zaruhi Hovhannisyan, for demonstrating against the mine. According to police, those detained failed to obey legal demands made by police. In its annual report, the Helsinki Committee of Armenia noted an increase in arrests at public assemblies in the July 2019-June 2020 period and criticized the authorities’ decision to permit gatherings of up to five persons for cultural, entertainment, holiday, or commemorative events under COVID-19 emergency rules while not permitting groups of five for public protest.

Pretrial Detention: Lengthy pretrial detention remained a problem. Some observers saw investigators’ use of excessive pretrial detention as a means of inducing defendants to confess or to reveal self-incriminating evidence.

Although the law requires prosecutors to present a well reasoned justification every two months for extending pretrial custody, judges routinely extended detention on unclear grounds. Authorities generally complied with the six-month limit in ordinary cases and a 12-month limit for serious crimes as the total time in pretrial detention. Once prosecutors forward their cases to court for trial, the law does not provide time limits on further detention but indicates only that a trial must be of “reasonable length.” Prosecutors regularly requested and received trial postponements from judges. Prosecutors tended to blame trial delays on defense lawyers and their requests for more time to prepare a defense. Severely overburdened judicial dockets at all court levels also contributed to lengthy trials.

On January 21, the Ombudsman’s Office released a special report on the lack of mechanisms to ensure court system accountability for compliance with time standards or to obtain redress if a trial has not met the reasonable timeframe requirement. According to the report, 2019 data from the Supreme Judicial Council indicated 155 criminal and 1,628 civil cases in Yerevan alone had continued for more than two years, some for more than 10 years. A total of 1,123 such cases were handled by just seven judges.

On June 1, media outlets reported Armen Ghazaryan was acquitted by the court of appeals after spending six years and three months in detention on charges of robbery, kidnapping, and battery. After six years in pretrial detention, trial court judge Gagik Petrosyan had convicted him and sentenced him to 6.5 years in prison.

Although on March 24 the Supreme Judicial Council ruled that measures such as the use of online communications tools must be adopted to ensure that trials continued during the COVID-19 pandemic, trial delays continued. According to the joint monitoring report of the NGOs Helsinki Association for Human Rights and Human Rights Power, a number of courts faced significant delays, apparently due to a lack of technical preparedness; the sessions that were delayed included those devoted to the discussion of urgent matters such as detention measures. The law does not allow for telecommunication measures in criminal cases, and according to observers, delays in such cases were mostly due to the failure of the judges and the prosecutors to appear in court.

Detainees Ability to Challenge Lawfulness of Detention before a Court: According to legal experts, suspects had no practical opportunities to appeal the legality of their arrests. In cases where the courts ruled on a pretrial detention, another court was unlikely to challenge its ruling.

Australia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

Arrest Procedures and Treatment of Detainees

Police officers may seek an arrest warrant from a magistrate when a suspect cannot be located or fails to appear, but they also may arrest a person without a warrant if there are reasonable grounds to believe the person committed an offense. Police must inform arrested persons immediately of their legal rights and the grounds for their arrest and must bring arrested persons before a magistrate for a bail hearing at the next session of the court. The maximum investigation period police may hold and question a person without charge is 24 hours, unless extended by court order for up to an additional 24 hours.

Under limited circumstances in terrorism cases, a number of federal and state or territorial laws permit police to hold individuals in preventive detention without charge or questioning for up to 14 days. These laws contain procedural safeguards including on access to information related to lawyer-client communication.

By law the Office of the Independent National Security Legislation Monitor helps ensure that counterterrorism laws strike an appropriate balance between protecting the community and protecting human rights. The federal police, the Australian Crime Commission, and intelligence agencies are subject to parliamentary oversight. The inspector general of intelligence and security is an independent statutory officer who provides oversight of the country’s six national intelligence agencies.

Bail generally is available to persons facing criminal charges unless authorities consider the person a flight risk or the charges carry a penalty of 12 months’ imprisonment or more. Authorities granted attorneys and families prompt access to detainees. Government-provided attorneys are available to provide legal advice to and represent detainees who cannot afford counsel.

Arbitrary Arrest: The law allows courts to detain convicted terrorists beyond the expiration of their sentence by up to an additional three years for preventive purposes where there is no less restrictive measure available to prevent the risk posed by the offender to the community. Various human rights organizations criticized this law as allowing the government to detain prisoners arbitrarily.

Austria

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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

Authorities base arrests on sufficient evidence and legal warrants issued by a duly authorized official. Authorities bring the arrested person before an independent judiciary. In criminal cases the law allows investigative or pretrial detention for no more than 48 hours, during which time a judge may decide to grant a prosecution request for extended detention. The law specifies the grounds for investigative detention and conditions for bail. There were strict checks on the enforcement of pretrial detention restrictions and bail provisions, and a judge is required to evaluate investigative detention cases periodically. The maximum duration for investigative detention is two years. There is a functioning bail system. Police and judicial authorities generally respected these laws and procedures. There were isolated reports of police abuse, which authorities investigated and, where warranted, prosecuted.

Detainees have the right to an attorney. Although indigent criminal suspects have the right to an attorney at government expense, the law requires appointment of an attorney only after a court decision to remand such suspects into custody (96 hours after apprehension). Criminal suspects are not legally required to answer questions without an attorney present. Laws providing for compensation for persons unlawfully detained were enforced.

Azerbaijan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Although the law prohibits arbitrary arrest and detention and provides for the right of persons to challenge the lawfulness of their arrest or detention in court, the government generally did not observe these requirements.

NGOs reported the Ministry of Internal Affairs and the State Security Service detained individuals who exercised their rights to fundamental freedoms. Several citizens reported they had been summoned to police departments for their posts on social media critical of the government’s response to COVID-19, and many were forced to delete their posts. For example, media outlets reported that Facebook-user Rahim Khoyski was called to a police department for making recommendations to the government on his social media account to freeze debts and loans, to stop collecting taxes from entrepreneurs, and to provide monetary assistance to citizens who had lost their income. Police warned him not to make such recommendations and ordered him to delete his post.

Arrest Procedures and Treatment of Detainees

The law provides that persons detained, arrested, or accused of a crime be accorded due process, including being advised immediately of their rights and the reason for their arrest. In all cases deemed to be politically motivated, due process was not respected, and accused individuals were convicted under a variety of spurious criminal charges.

According to the law, detainees must appear before a judge within 48 hours of arrest, and the judge may issue a warrant either placing the detainee in pretrial detention or under house arrest, or releasing the detainee. At times, however, authorities detained individuals for longer than 48 hours without warrants. The initial 48-hour arrest period may be extended to 96 hours under extenuating circumstances. During pretrial detention or house arrest, the Prosecutor General’s Office must complete its investigation. Pretrial detention is limited to three months but may be extended by a judge up to 18 months, depending on the alleged crime and the needs of the investigation. There were reports of detainees not being informed promptly of the charges against them during the year.

A formal bail system existed, but judges did not utilize it during the year.

The law provides for access to a lawyer from the time of detention, but there were reports that authorities frequently denied lawyers’ access to clients in both politically motivated and routine cases. Human rights defenders stated that many of the political activists detained after the July 14-15 rally were denied access to effective legal representation and were forced to rely on state-appointed lawyers who did not adequately defend their clients due to fear of government reprisal.

Access to counsel was poor, particularly outside of Baku. Although entitled to legal counsel by law, indigent detainees often did not have such access. The Collegium of Advocates, however, undertook several initiatives to expand legal representation outside the capital, including the establishment of offices in regional Azerbaijan Service and Assessment Network centers to provide legal services to local citizens.

By law detained individuals have the right to contact relatives and have a confidential meeting with their lawyers immediately following detention. Prisoners’ family members reported that authorities occasionally restricted visits, especially to persons in pretrial detention, and withheld information regarding detainees. Days sometimes passed before families could obtain information regarding detained relatives. Authorities reportedly used family members as leverage to put pressure on selected individuals to stop them from reporting police abuse. Family members of some political activists detained after the July 14-15 rally stated that authorities illegally prohibited communication with their relatives for several weeks to limit the dissemination of information and to hide traces of torture.

Azerbaijani and Armenian officials alleged that soldiers on both sides remained detained following intensive fighting in the fall (see sections 1.a. and 1.c.). As of year’s end, two exchanges resulted in the return of 57 ethnic Armenian detainees and 14 Azerbaijani detainees. ICRC representatives visited a number of the detainees and continued to work with the sides to develop accurate lists and encourage the exchange of any remaining detainees.

Arbitrary Arrest: Authorities often made arrests based on spurious charges, such as resisting police, illegal possession of drugs or weapons, tax evasion, illegal entrepreneurship, abuse of authority, or inciting public disorder. Local organizations and international NGOs such as Amnesty International and Human Rights Watch criticized the government for arresting individuals exercising their fundamental rights and noted that authorities frequently fabricated charges against them.

For example, police regularly detained opposition and other activists mainly on the charges of “violating the quarantine regime,” “resisting police,” or “petty hooliganism,” and subsequently took them to local courts where judges sentenced them to periods of administrative detention ranging from 10 to 30 days. Those charged with criminal offenses were sentenced to lengthier periods of incarceration (see section 1.e., Political Prisoners and Detainees). Human rights defenders asserted these arrests were one method authorities used to intimidate activists and dissuade others from engaging in activism. For example, 16 members of the opposition Popular Front Party were arrested and sentenced to administrative detention under such charges from mid-March to mid-May. More than 15 Popular Front Party members were sentenced to administrative detention after the July 14-15 proarmy rally in Baku.

Pretrial Detention: Authorities held persons in pretrial detention for up to 18 months, the maximum allowed by law. The Prosecutor General’s Office routinely extended the initial three-month pretrial detention period permitted by law in successive increments of several months until the government completed an investigation.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law provides that persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis, length, or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained. The judiciary, however, did not rule independently in such cases, and while sentences were occasionally reduced, the outcomes often appeared predetermined.

Bahamas

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the government generally observed these requirements. The constitution provides for the right of persons to challenge the lawfulness of their arrest or detention in court, although this process sometimes took several years.

Arrest Procedures and Treatment of Detainees

Police officers generally obtained judicially issued warrants when required for arrests. Serious cases, including suspected narcotics or firearms offenses, do not require warrants where probable cause exists. The law states authorities must charge a suspect within 48 hours of arrest. Arrested persons must appear before a magistrate within 48 hours (or by the next business day for cases arising on weekends and holidays) to hear the charges against them, although some persons on remand claimed they were not brought before a magistrate within the 48-hour period. Police may apply for a 48-hour extension upon simple request to the court and for longer extensions with sufficient showing of need. The government respected the right to a judicial determination of the legality of arrests. The constitution provides the right for those arrested or detained to retain an attorney at their own expense; volunteer legal aides were available only for serious felonies being tried in the Supreme Court. Access to legal representation was inconsistent, including for detainees at the detention center. Minors receive legal assistance only when charged under offenses before the Supreme Court; otherwise, there is no official representation of minors before the courts.

A functioning bail system exists. Individuals who were unable to post bail were held on remand until they faced trial. Judges sometimes authorized cash bail for foreigners arrested on minor charges; however, foreign suspects generally preferred to plead guilty and pay a fine.

As of July there were 73 complaints against police for abusing detainees, compared with 72 such complaints during same period in 2019. As a result of investigations, two officers were reduced in rank and one was required to resign. Other actions were pending the completion of investigations.

Pretrial Detention: Attorneys and other prisoner advocates continued to complain of excessive pretrial detention due to the failure of the criminal justice system to try even the most serious cases in a timely manner. The constitution provides that authorities may hold suspects in pretrial detention for a “reasonable period of time,” which was interpreted as two years. Authorities released selected suspects awaiting trial with an ankle bracelet on the understanding the person would adhere to strict and person-specific guidelines defining allowable movement within the country. Of the 1,617 inmates, 37 percent (598 inmates) were in pretrial detention.

The Department of Immigration detained irregular migrants, primarily Haitians, while arranging for them to leave the country or until the migrant obtained legal status. The average length of detention varied significantly by nationality, by the willingness of other governments to accept their nationals back in a timely manner, and by the availability of funds to pay for repatriation. Authorities aimed to repatriate Haitians within one to two weeks, but the COVID-19 pandemic impeded routine repatriation flights.

The government continued to enforce the law requiring noncitizens to carry their passport and proof of legal status in the country. Some international organizations alleged that enforcement focused primarily on individuals of Haitian origin, that the rights of children were not respected, and that expedited deportations did not allow time for due process. There were also widespread credible reports that immigration officials solicited and accepted bribes to prevent detention or to grant release. One individual, claiming he was born in The Bahamas, said authorities apprehended him and held him at the Carmichael Road Detention Centre for migrants before he bribed several officials to release him.

Activists for the Haitian community acknowledged alleged victims filed few formal complaints with government authorities and attributed this to a widespread perception of impunity for police and immigration authorities and fear of reprisal.

Bahrain

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention. Local and international human rights groups reported that individuals were detained without being notified at the time of the arrest of the legal authority of the person conducting the arrest, the reasons for the arrest, and the charges against them. Human rights groups claimed Ministry of Interior agents conducted many arrests at private residences either without presenting an arrest warrant or presenting an inaccurate or incomplete one. Government officials disputed these claims.

In 2017 King Hamad reinstated the arrest authority of the National Security Agency (NSA), after it had been removed following criticism in the Bahrain Independent Commission of Inquiry. On June 26, the king issued an order renaming the NSA as the National Intelligence Agency (NIA). There were no reports of the NSA or NIA using its arrest authority during the year.

Arrest Procedures and Treatment of Detainees

The law stipulates law enforcement officers may arrest individuals without a warrant only if they are caught committing certain crimes for which there is sufficient evidence to press charges. Additionally, the code of criminal procedure requires execution of an arrest warrant before a summons order to appear before the public prosecutor. Local activists reported that police sometimes made arrests without presenting a warrant and that the Public Prosecutor’s Office summoned political and human rights activists for questioning without a warrant or court order.

By law the arresting authority must interrogate an arrested individual immediately and may not detain the person for more than 48 hours, after which authorities must either release the detainee or transfer the person to the Public Prosecutor’s Office for further questioning. The office is required to question the detainee within 24 hours, and the detainee has the right to legal counsel during questioning. To hold the detainee longer, the office must issue a formal detention order based on the charges against the detainee. Authorities may extend detention up to seven days for further questioning. If authorities require any further extension, the detainee must appear before a judge, who may authorize a further extension not exceeding 45 days. The High Criminal Court must authorize any extensions beyond that period and any renewals at 45-day intervals. In the case of alleged acts of terror, law enforcement officers may detain individuals for questioning for an initial five days, which the Public Prosecutor’s Office may extend up to 60 days. A functioning system of bail provides maximum and minimum bail amounts based on the charges; however, judges often denied bail requests without explanation, even in nonviolent cases. The bail law allows the presiding judge to determine the amount within these parameters on a case-by-case basis.

Attorneys reported difficulty in gaining access to their clients in a timely manner through all stages of the legal process. They reported difficulty registering as a detainee’s legal representative because of arbitrary bureaucratic hurdles and lack of official government notaries; arbitrary questioning of credentials by police; lack of notification of clients’ location in custody; arbitrary requirements to seek court orders to meet clients; prohibitions on meeting clients in private; prohibitions on passing legal documents to clients; questioning of clients by the Public Prosecutor’s Office on very short notice; lack of access to clients during police questioning; and lack of access to consult with clients in court. While the state provides counsel to indigent detainees, there were reports detainees never met with their state-appointed attorney before or during their trial.

According to reports by local and international human rights groups, authorities held some detainees for weeks with limited access to outside resources. The government sometimes withheld information from detainees and their families regarding detainees’ whereabouts for days.

Arbitrary Arrest: Human rights groups reported the Ministry of Interior sometimes arrested individuals for activities such as calling for and attending protests and demonstrations, expressing their opinion either in public or on social media, and associating with persons of interest to law enforcement. Some of these detained individuals reported arresting forces did not show them warrants.

Detainees Ability to Challenge Lawfulness of Detention before a Court: There were reports that authorities sometimes delayed or limited an individual’s access to an attorney. There were no reports of courts finding individuals to have been unlawfully detained and recommending compensation. On May 18, the Minister of Justice issued an order allowing defendants’ legal representatives to attend court proceedings virtually if the defendant requested it.

Barbados

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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 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 received prompt access to counsel and were 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 about the increase in time spent in pretrial detention. Civil society representatives and media reports indicated that in extreme cases detainees could wait up to 10 years before trial.

Belarus

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law limits arbitrary detention, but the government did not respect these limits. Authorities, including plainclothes security officers, arrested or detained thousands of individuals during peaceful protests and used administrative measures to detain political and civil society activists, as well as bystanders and journalists not involved in the protests, before, during, and after protests and other major public events, including those legally permitted in the framework of election campaigns.

Arrest Procedures and Treatment of Detainees

By law police must request permission from a prosecutor to detain a person for more than three hours. Authorities may hold a criminal suspect for up to 10 days without filing formal charges and for up to 18 months after filing charges, but in some cases authorities detained persons beyond 18 months. By law detainees are allowed prompt access to a lawyer of their choice or one provided by the state free of charge, although authorities often delayed extending this right to high-profile political prisoners, who faced authorities without the presence of defense lawyers at the initial stages of an investigation. Prosecutors, investigators, and security-service agencies have legal authority to extend detention without consulting a judge. Detainees have the right to petition the court system regarding the legality of their detention, but authorities consistently suppressed or ignored such appeals. The country has no functioning bail system.

There were reports that persons were detained without judicial authorization.

There were some reports of detainees who were held incommunicado. During the initial arrests following the August 9 presidential election, police precincts fingerprinted detainees and processed them for subsequent trial at holding facilities but left them incommunicado.

In the weeks following the election, up to 80 persons were reported missing but were eventually located after authorities acknowledged their detention or released them. According to Radio Free Europe/Radio Liberty, on August 11, Yury Savitski, a supporter of jailed presidential candidate Viktar Babaryka, was abducted by six men in civilian clothing after attending a protest the previous day. His wife sought for days to establish his whereabouts, only to be told by authorities that there were too many prisoners and that many were not being officially registered. She was only able to determine his location and the charges he faced after waiting outside the holding facilities in Zhodzina with a photograph of her husband and asking released detainees whether they recognized him.

Arbitrary Arrest: Authorities detained political scientists, political leaders, presidential campaign participants, opposition leaders and members, civil society activists, and demonstrators for reasons widely considered to be politically motivated. In many cases authorities used administrative measures to detain political activists before, during, and after planned demonstrations, protests, and other public events. Security officials arbitrarily detained persons in areas where protesters peacefully lined streets or protests were expected (see section 2.b.).

For example, on May 6, authorities in Mahilyou detained popular blogger and potential presidential candidate Syarhey Tsikhanouski during a countrywide tour to speak with citizens. He had been given a delayed 15-day administrative sentence for participating in an unauthorized mass event in 2019. In response to his arrest, followers of his blog and livestreams began three days of countrywide protests. Security officers without judicial authorization detained and subsequently fined or sentenced more than 100 activists and Tsikhanouski supporters for allegedly participating in unauthorized mass events (see section 2.b., Peaceful Assembly, and section 3).

After opposition leader Viktar Babaryka’s arrest (see section 3), on June 28, BKGB and riot police officers arbitrarily detained at least 52 prominent businessmen, political figures, Babaryka supporters and campaign staff, as well as independent journalists who gathered outside the BKGB building to file requests for Babaryka’s release. Authorities released at least 12 local independent and foreign journalists and 33 other individuals after identification checks were conducted at police precincts. At least seven persons were subsequently tried on administrative charges of allegedly participating in unauthorized mass events and resisting police.

Security forces regularly detained bystanders, including those not involved with protests. For example, according to Human Rights Watch, on August 10, police detained construction worker Alyaksandr Gazimau near a Minsk shopping mall where a crowd of protesters had gathered. According to Gazimau, he was not participating in the protest and had just had dinner with a friend. When riot police arrived, the protesters started to run, and Gazimau ran as well. He fell while running and broke his leg. Police dragged him into a truck, beat him, intentionally stepped on his broken leg, and threatened to rape him with a truncheon. They passed him to another group of officers, who beat him again, took him to a local police precinct, where they forced him to stand on his broken leg, then forced him to the ground and intentionally kicked his broken leg again. He spent the night in the police precinct yard, and was transferred to holding facilities in Zhodzina prison, where he waited two days in the prison hospital before being transferred to a hospital for surgery. Independent media reported dozens of similar accounts of individuals, who were unaware of protest locations because of the government’s internet restrictions but were caught up along with protesters by security forces and arbitrarily detained.

Pretrial Detention: There were approximately 5,000 pretrial detainees in 2018, the latest year for which data were available. Information was not available regarding average length of time or how many continuing investigations were extended for lengthier periods. Observers believed there were a number of possible reasons for the delays, including political interference; charges being brought against individuals held in pretrial detention and investigations opened; new investigators taking over cases; cases that were complicated because they involved many suspects; and cases that required extensive forensic or other expert examinations and analysis. For example, during the year a former chief engineer of the Minsk Wheeled Tractor Factory Andrei Halavach was in the process of suing the government for compensation for the 4.5 years he spent in pretrial detention. Halavach was released in 2019 with all charges cleared and after being acquitted in two separate trials.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to petition the court system regarding the legality of their detention, but authorities consistently suppressed or ignored such appeals. By law courts or prosecutors have 24 hours to issue a ruling on a detention and 72 hours on an arrest. Courts hold closed hearings in these cases, which the suspect, a defense lawyer, and other legal representatives may attend. Appeals to challenge detentions were generally denied.

Belgium

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Under the constitution, an individual may be arrested only while committing a crime or by a judge’s order, which must be carried out within 48 hours. The law provides detainees the right to prompt judicial determination of the legality of their detention, and authorities generally respected this right. Authorities promptly informed detainees of charges against them and provided access to an attorney (at public expense if necessary). Alternatives to incarceration included conditional release, community service, probation, and electronic monitoring. There was a functioning bail system, and a suspect could be released by meeting other obligations or conditions as determined by the judge.

Belize

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

While the constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, there were several allegations made through media and to the Police Standards Branch that the government failed to observe these requirements.

On March 18, the government instituted a 30-day state of emergency (SoE) in Belize City in response to an increase in criminal gang activity. The measure allowed the BPD and Belize Defence Force to target criminal gang elements through house raids, arrests, and imprisonment. A second SoE was instituted on July 6 and later extended to October 6. By the time the SoE expired in October, 110 persons were detained in prison awaiting trial. During the SoE there were reports that law enforcement agents used excessive force on citizens, damaged property, and unjustly targeted law-abiding citizens. Attorney Michelle Trapp requested the court initiate a judicial review questioning the failure of the government in setting up a tribunal to review the cases as required by law.

During the November 11 national elections, the government imposed a 9 p.m. curfew to limit potential exposure to COVID through the typical celebration marches by party enthusiasts. There were no reports of police using excessive force to maintain order, and persons generally followed the curfew orders throughout the country.

Arrest Procedures and Treatment of Detainees

Police must obtain search or arrest warrants issued by a magistrate, except in cases of hot pursuit, when there is probable cause, or when the presence of a firearm is suspected. Police must inform detainees of their rights at the time of arrest and of the cause of their detention within 24 hours of arrest. Police must also bring a detainee before a magistrate to be charged officially within 48 hours. The BPD faced allegations that its members arbitrarily detained persons for more than 24 hours without charge, did not take detainees directly to a police station, and used detention as a means of intimidation.

The law requires police to follow the Judges’ Rules, a code of conduct governing police interaction with arrested persons. Although judges sometimes dismissed cases that involved violations of these rules, they more commonly deemed confessions obtained through violation of the rules to be invalid. Police usually granted detainees timely access to family members and lawyers, although there were reports of persons held in police detention without the right to contact family or seek legal advice.

By law a police officer in charge of a station or a magistrate’s court may grant bail to persons charged with minor offenses. The Supreme Court may grant bail to those charged with more serious crimes, including murder, gang activity, possession of an unlicensed firearm, and specific drug-trafficking or sexual offenses. The Supreme Court reviews the bail application within 10 working days.

Arbitrary Arrest: The constitution bars arbitrary arrest, and the law specifies protections enabling the constitutional ban. According to the Professional Standards Branch, no formal report was made of officers making unlawful arrests, detentions, or searches. Three persons, however, filed complaints of arbitrary arrest and one person of unlawful detention through the Office of the Ombudsman. The cases were under investigation.

Pretrial Detention: Lengthy trial backlogs remained at the end of the year, particularly for serious crimes such as murder. Problems included police delays in completing investigations, lack of evidence collection, court delays in preparing depositions, and adjournments in the courts. The advent of COVID-19 led to a closure of the court system for all cases for more than two months, increasing the case backlog. Judges were typically slow to issue rulings, in some cases taking a year or longer. The time lag between arrest, trial, and conviction generally ranged from six months to four years. Pretrial detention for persons accused of murder averaged three to four years. As of September, 407 persons, representing 30 percent of the prison population, were being held in pretrial detention, a reduction from the previous year.

Benin

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; however, Republican Police occasionally failed to observe these prohibitions. A person arrested or detained, regardless of whether on criminal or other grounds, is by law entitled to file a complaint with the liberty and detention chamber of the relevant court. The presiding judge may order the individual’s release if the arrest or detention is deemed unlawful.

Arrest Procedures and Treatment of Detainees

The constitution requires arrest warrants based on sufficient evidence and issued by a duly authorized judicial official and requires a hearing before a magistrate within 48 hours of arrest, but these requirements were not always observed.

After examining a detainee, a judge has 24 hours to decide whether to continue to detain or release the individual. Under exceptional circumstances, or in arrests involving illegal drugs, a judge may authorize detention beyond 72 hours not to exceed an additional eight days. Warrants authorizing pretrial detention are effective for six months and may be renewed every six months until a suspect is brought to trial. Detainees have the right to prompt judicial determination of the legality of detention, which was generally observed. Detainees awaiting judicial decisions may request release on bail and have the right to prompt access to a lawyer. Suspects were not detained incommunicado or prevented access to an attorney.

The government sometimes provided counsel to indigent defendants in criminal cases. Persons in rural areas accused of serious crimes often lacked adequate legal representation because defense attorneys were predominantly based in Cotonou and generally did not work on cases in rural areas.

There were credible reports of individuals held beyond the legal limit of 48 hours of detention before a hearing, sometimes by as much as a week. Authorities often held persons indefinitely “at the disposal of” the Public Prosecutor’s Office before presenting the case to a magistrate.

Arbitrary Arrest: Unlike in 2019 there were no reports of arbitrary arrest. Nevertheless, some NGOs believed the practice might have continued, especially in the rural areas where individuals are not aware of their right to file complaints.

On June 18, the Constitutional Court ruled that the 2017 arrest and detention of Armand Pierre Lokossou–who was charged with criminal breach of trust and held until January–violated the arbitrary arrest and pretrial detention provisions of Article 6 of the African Charter on Human and Peoples’ Rights.

Pretrial Detention: The law defines the maximum length of pretrial detention for felony cases at five years and for misdemeanors three years. Approximately two-thirds of inmates were pretrial detainees. Inadequate facilities, poorly trained staff, and overcrowded dockets delayed the administration of justice. The length of pretrial detention frequently exceeded the maximum sentence for conviction of the alleged crime.

Detainees held beyond pretrial limits may obtain recourse from the Constitutional Court. On June 4, the court ruled that judicial officials violated the code of criminal procedure when a Liberty and Detention Court judge failed to order the release of a pretrial detainee after six months’ detention. In February the Beninese Human Rights Commission ordered the release of a Cotonou Prison pretrial detainee held for three years after a court ordered his release pending trial in 2016.

Bolivia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the government did not always respect the law. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision, although international human rights groups highlighted a number of potentially politically motivated cases initiated by the interim government that resulted in arbitrary arrest.

Arrest Procedures and Treatment of Detainees

The law requires that police obtain an arrest warrant from a prosecutor and that a judge substantiate the warrant within eight hours of an arrest. Police did not strictly adhere to these time restrictions, except in cases in which the government specifically ordered adherence. The law also mandates that a detainee appear before a judge within 24 hours (except under a declared state of siege, during which a detainee may be held for 48 hours), at which time the judge must determine the appropriateness of continued pretrial detention or release on bail. The judge is to order the detainee’s release if the prosecutor fails to show sufficient grounds for arrest. The government allows suspects to select their own lawyers and provides a lawyer from the Public Defender’s Office if the suspect requests one. The public defenders were generally overburdened and limited in their ability to provide adequate, timely legal assistance. While bail is permitted, most detainees were placed in pretrial detention or could not afford to post bail. Several legal experts noted pretrial detention was the rule rather than the exception.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention, but the government did not always respect the law.

On May 22, Judge Hugo Huacani ordered the transfer of Edith Chavez Arauco, the babysitter of former president Evo Morales’s minister of the presidency, Juan Ramon Quintana, from pretrial detention to house arrest after the time period of her ordered pretrial detention had expired. Hours later Judge Huacani was detained by police for a “lack of independence” in his ruling, according to a statement from the Interior Ministry. That same day the La Paz Departmental Attorney General’s Office reported it had not been involved in Judge Huacani’s arrest nor issued an arrest warrant against him, and on May 23, another judge ordered his release and declared his detention illegal. Amnesty International determined the detention was “arbitrary as it was based solely on the fact that the government disagreed with a judicial decision he [Judge Huacani] had taken.”

Pretrial Detention: The law affords judges the authority to order pretrial detention if there is a high probability a suspect committed a crime, if evidence exists that the accused seeks to obstruct the investigation process, or if a suspect is considered a flight risk. If a suspect is not detained, a judge may order significant restrictions on the suspect’s movements.

The law states no one shall be detained for more than 18 months without formal charges. If after 18 months the prosecutor does not present formal charges and conclude the investigatory phase, the detainee may request release by a judge. The judge must order the detainee’s release, but the charges against the detainee are not dropped. By law the investigatory phase and trial phase of a case may not exceed 36 months combined. The law allows a trial extension if the delays in the process are due to the defense. In these circumstances pretrial detention may exceed the 36-month limit without violating the law.

Despite the legal limits on pretrial detention, prolonged pretrial detention remained a problem. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, a shortage of public defenders, and inadequate case-tracking mechanisms contributed to trial delays that lengthened pretrial detention and kept many suspects detained beyond the legal limits for the completion of a trial or the presentation of formal charges.

Many defense attorneys intentionally did not attend hearings in order to delay trial proceedings and ultimately avoid a final sentencing, either at the request of their clients or due to high caseloads. According to information received in March from the Penitentiary Regime Directorate, approximately 65 percent of prisoners were being held in pretrial detention, consistent with 2019 figures but less than in previous years, when 70-85 percent of the prison population was in pretrial detention.

Brazil

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or called for by order of a judicial authority; however, police at times did not respect this prohibition. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.

Arrest Procedures and Treatment of Detainees

Officials must advise persons of their rights at the time of arrest or before taking them into custody for interrogation. The law prohibits use of force during an arrest unless the suspect attempts to escape or resists arrest. According to human rights observers, some detainees complained of physical abuse while being taken into police custody.

Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. The law permits provisional detention for up to five days under specified conditions during an investigation, but a judge may extend this period. A judge may also order temporary detention for an additional five days for processing. Preventive detention for an initial period of 15 days is permitted if police suspect a detainee may flee the area. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Other defendants must be charged within 45 days, although this period may be extended. In cases involving heinous crimes, torture, drug trafficking, and terrorism, pretrial detention could last 30 days with the option to extend for an additional 30 days. Often the period for charging defendants had to be extended because of court backlogs. The law does not provide for a maximum period of pretrial detention, which is decided on a case-by-case basis. Bail was available for most crimes, and defendants facing charges for all but the most serious crimes have the right to a bail hearing. Prison authorities generally allowed detainees prompt access to a lawyer. Indigent detainees have the right to a lawyer provided by the state. Detainees had prompt access to family members. If detainees are convicted, time in detention before trial is subtracted from their sentences.

Arbitrary Arrest: On September 2, civil police officers from the Rio de Janeiro 76th Police Station arrested Luiz Carlos da Costa Justino for a 2017 car theft. According to police, the robbery victim identified Justino from a photograph lineup in the police station. According to media outlets, Justino, who was an adolescent at the time of the robbery, did not have a criminal record and therefore police should not have had access to any photographs of him. Video evidence showed that at the time of the crime, Justino, an Afro-Brazilian musician with the Grota String Orchestra in Niteroi, was performing in an event at a bakery located four miles from the crime scene. Justino was released after five days. As of October the public prosecutor’s office of Rio de Janeiro was reviewing Justino’s petition for revocation of the arrest.

Pretrial Detention: According to the Ministry of Justice’s National Penitentiary Department, 30 percent of prisoners nationwide were in pretrial detention. A study conducted by the National Penitentiary Department in 2018 found more than half of pretrial detainees in 17 states had been held in pretrial detention for more than 90 days. The study found that 100 percent of pretrial detainees in Sergipe State, 91 percent in Alagoas State, 84 percent in Parana State, and 74 percent in Amazonas State had been held for more than 90 days.

Bulgaria

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, there were reports that police at times abused their arrest and detention authority. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law provides that police normally must obtain a warrant prior to apprehending an individual. Police may hold a detainee for 24 hours without charge, and a prosecutor may authorize an additional 72 hours. A court must approve detention longer than the additional 72 hours. The law prohibits holding detainees in custody without indictment for more than two months if they are charged with misdemeanors. Detainees charged with felonies may be held without indictment for eight months, while persons suspected of crimes punishable by at least 15 years’ imprisonment may be held up to 18 months without indictment. Prosecutors may not arrest military personnel without the defense minister’s approval. Authorities generally observed these laws.

The law provides for release on personal recognizance, bail, and house arrest, and these measures were widely used.

The law provides for the right to counsel from the time of detention. Regulations are that detainees have access to legal counsel no later than two hours after detention and that a lawyer have access to the detainee within 30 minutes of his or her arrival at a police station. The law provides for government-funded legal aid for low-income defendants, who could choose from a list of public defenders provided by the bar associations. A national hotline provided free legal consultations eight hours per day.

The BHC reported that police denied lawyers access to persons detained in several police precincts in Sofia during antigovernment protests on September 2, telling the detainees they were not under arrest and did not need legal assistance. The ombudsman initiated an inspection in the Second Police Precinct that identified at least two cases in which detainees did not receive immediate access to a lawyer. Further, the ombudsman found no record of meetings between detainees and lawyers despite the precinct officers’ claims of lawyers’ visits several hours after the detentions.

On May 28, the Supreme Cassation Court denied the prosecutor general’s request to reopen Bulgarian Prisoner Association leader Jock Palfreeman’s parole case. The prosecutor general had challenged the Sofia Appellate Court’s decision in the case, accusing the panel of judges of bias due to prior collaboration with the BHC, which the appellate court had asked to provide a written evaluation on the progress of Palfreeman’s rehabilitation. Palfreeman sought a retrial and was appealing the expulsion order imposed concurrent with his parole.

Arbitrary Arrest: There were reports of arbitrary detention. For example, the BHC reported receiving numerous complaints from peaceful participants in antigovernment protests on September 2 that they were detained without being involved in any illegal activities and subsequently held for a long time in overcrowded cells without access to food or water. Police actions during that day’s protests escalated after a group started throwing stones, firecrackers, and other objects at police.

Cameroon

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 and provide for the right of any person to challenge the lawfulness in court of an arrest or detention. The law states that except in the case of an individual discovered in the act of committing a felony or misdemeanor, the officials making the arrest must disclose their identity and inform the person arrested of the reason. Any person illegally detained by police, the state counsel, or the examining magistrate may receive compensation. The government did not always respect these provisions.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain a warrant from a judge or prosecutor before making an arrest, except when a person is caught in the act of committing a crime, but police often did not respect this requirement. The law provides that suspects be brought promptly before a judge or prosecutor, although this often did not occur, and citizens were detained without judicial authorization. Police may legally detain a person in connection with a common crime for up to 48 hours, renewable once. This period may, with the written approval of the state counsel, be exceptionally extended twice before charges are brought. Nevertheless, police and gendarmes reportedly often exceeded these detention periods. The law also permits detention without charge for renewable periods of 15 days by administrative authorities, such as governors and civilian government officials serving in territorial command. The law also provides that individuals arrested on suspicion of terrorism and certain other crimes may be detained for investigation for periods of 15 days, renewable without limitation with authorization of the prosecutor. The law allows access to legal counsel and family members, although police frequently denied detainees access to both. The law prohibits incommunicado detention, but such cases occurred, especially in connection with the Anglophone crisis. The law permits bail, allows citizens the right to appeal, and provides the right to sue for unlawful arrest, but these rights were seldom respected.

Arbitrary Arrest: Police, gendarmes, the BIR, and other government authorities reportedly continued to arrest and detain persons arbitrarily, often holding them for prolonged periods without charge or trial and at times incommunicado. “Friday arrests,” a practice whereby individuals arrested on a Friday typically remained in detention until at least Monday unless they paid a bribe, continued, although on a limited scale.

On May 11, six volunteers from “Survival Cameroon,” a fundraising initiative launched by opposition leader Maurice Kamto to respond to the COVID-19 pandemic, were arrested while handing out free personal protective equipment in Yaounde. They were placed in custody at the Yaounde II police district without judicial authorization. The volunteers were released on bail after several days of detention. Two other volunteers were arrested on May 14 while filming the transfer of their comrades from the police station to the prosecutor’s office. The prosecutor released them on bail on May 26. Christian Penda Ekoka, president of the management committee of the initiative, stated that three other volunteers who were peacefully distributing free masks and hand sanitizer in Sangmelima, South Region on May 23 were arrested and placed in custody at the city’s central police station. They were released on bail after several days of detention. The individuals were accused of unauthorized demonstrations. If found guilty, they could face four years in prison.

According to Cameroon People’s Party (CPP) president Edith Kah Walla, on September 19, members of security forces abducted at least five members of the NGO consortium Stand Up for Cameroon. The arrest occurred after the members left a “Friday in Black” meeting held at the CPP headquarters in Douala. The abductees, including Moussa Bello, Etienne Ntsama, Mira Angoung, and Tehle Membou, were reportedly subjected to brutality and interrogated without legal counsel.

On September 19, 21, and 22, security forces arrested approximately 593 citizens in connection with peaceful protests called for by the MRC opposition party. While some were released, the Military Tribunal charged many with revolution, insurrection, and rebellion and placed them in pretrial detention. MRC women’s wing president Awasum Mispa was arrested on November 21 when she led a group of women to visit MRC president Maurice Kamto. On November 23, an investigating magistrate at the Yaounde Military Tribunal charged her with complicity in revolution and rebellion and placed her in pretrial detention for a period of six months renewable. On November 27, the same investigating magistrate dropped the charges and released her. Kamto’s de facto house arrest was lifted on December 8, two days after the election of regional councilors. The Yaounde Court of First Instance had not opened any substantive hearings in the proceedings initiated by his lawyers.

Pretrial Detention: The code of criminal procedure provides for a maximum of 18 months’ detention before trial, but many detainees waited years to appear in court. The 2014 antiterrorism law provides that a suspect may be held indefinitely in investigative detention with the authorization of the prosecutor. Of the 22,430 detainees as of October 31, a total of 14,973 were pretrial detainees.

Amadou Vamoulke, a former general manager of state-owned Cameroon Radio Television, who was arrested and detained in 2016 on embezzlement charges, continued to await trial at the Kondengui Central Prison. After at least 30 hearings as of July 15, the Special Criminal Court failed to produce strong evidence to support the charges against him.

See also section 1.c., Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, case of Thomas Tangem.

Canada

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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

Authorities generally relied upon warrants in the apprehension of persons. A judge may issue a warrant if satisfied a criminal offense might have been committed. A person arrested for a criminal offense has the right to a prompt, independent judicial determination of the legality of the detention. Authorities respected this right, although court operations were disrupted starting in March due to the coronavirus pandemic, which reduced prompt access to the judicial system. Authorities provided detainees with timely information on the reason for their arrest and provided prompt access to a lawyer of the detainee’s choice, or, if the detainee was indigent, a lawyer was provided by the state. Bail was generally available. Authorities may hold persons under preventive detention for up to seven days, subject to periodic judicial review.

Chile

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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 did not always observe these requirements.

Arrest Procedures and Treatment of Detainees

Only public officials expressly authorized by law may arrest or detain citizens, and they generally did so openly with warrants based on sufficient evidence brought before an independent judiciary. Authorities must immediately inform a prosecutor of an arrest and generally did so.

The prosecutor must open an investigation, receive a statement from the detainee, and ensure that the detainee is held at a local police station until the detention control hearing. Detention control hearings are held twice daily, allowing for a judicial determination of the legality of the detention within 24 hours of arrest. Detainees must be informed of their rights, including the right to an attorney and the right to remain silent until an attorney is present. Public defenders are provided for detainees who do not hire their own lawyer. Authorities must expedite notification of the detention to family members. If authorities do not inform detainees of their rights upon detention, the judge may declare the process unlawful during the detention control hearing.

The law allows judges to set bail, grant provisional liberty, or order continued detention as necessary for the investigation or the protection of the prisoner or the public.

The law affords detainees 30 minutes of immediate and subsequent daily access to a lawyer (in the presence of a prison guard) and to a doctor to verify their physical condition. Regular visits by family members are allowed.

Persons detained during protests that violated curfews or restrictions on public gatherings put in place due to the COVID-19 pandemic were often released without charge and without a detention control hearing, and thus without a formal determination whether the arrest was lawful.

China (Includes Hong Kong, Macau, and Tibet)

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest.

The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.

The National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4) official detention system, known as liuzhi, faced allegations of detainee abuse and torture. Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse is unclear.

Although liuzhi operates outside the judicial system, confessions given while in liuzhi were used as evidence in judicial proceedings. According to 2019 press reports and an August 2019 NGO report, liuzhi detainees were subjected to extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days.

There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Hubei with 1,095 and Zhejiang with 931 detained, both in 2019. One provincial official head of the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.

On January 8, Guangzhou police detained Kwok Chun-fung, a Hong Kong student enrolled at the Guangzhou University of Chinese Medicine, on charges of “soliciting prostitution.” The university issued a statement on January 15 stating that Kwok was under suspicion of soliciting prostitution after being caught in a hotel room with a woman and outlined charges on two additional related offenses that allegedly occurred between November and December 2019. Kwok was cofounder of FindCMed, which provided medical help to injured protesters during Hong Kong’s antigovernment protests. A Hong Kong Baptist University instructor and Kwok’s associates said that the CCP habitually used “soliciting prostitution” as a charge to target opponents since police could detain a suspect administratively without court review. Local media and Kwok’s associates implied his detention was the People’s Republic of China (PRC) government’s retaliation against him for his role in the protests.

In September following her diagnosis with terminal lung cancer, authorities allowed Pu Wenqing, mother of Sichuan-based human rights activist Huang Qi, detained since 2016, to speak to her son in a 30-minute video call, the first contact with her son allowed to her after four years of trying. Pu remained under house arrest with no charges filed as of December. She had been disappeared in 2018 after plainclothes security personnel detained her at a Beijing train station. She had petitioned central authorities earlier in 2018 to release her detained son for health reasons and poor treatment within his detention center.

In a related case, Beijing authorities arbitrarily detained Zhang Baocheng, who had assisted and escorted the elderly Pu Wenqing around Beijing in 2018 as she sought to petition central authorities over her son’s detention. In December 2019 Beijing police charged Zhang, a former member of the defunct New Citizens Movement that campaigned for democracy and government transparency, with “picking quarrels, promoting terrorism, extremism, and inciting terrorism.” A Beijing court convicted him of “picking quarrels” and sentenced him in November to three and one-half years in prison, using his posts on Twitter as evidence against him.

In September, Hursan Hassan, an acclaimed Uyghur filmmaker, was sentenced to 15 years on the charge of “separatism.” Hassan had been held since 2018 arbitrarily without any contact with his family.

Following local resistance to a policy announced on August 26 mandating Mandarin be used for some school courses in Inner Mongolia in place of the Mongolian language, several prominent dissidents were either detained or held incommunicado. Ethnic Mongolian writer Hada, who had already served a 15-year jail term for “espionage” and “separatism” and was under house arrest, was incommunicado as of December. His wife and child’s whereabouts were also unknown. Ethnic Mongolian musician Ashidaa, who participated in protests against the new language policy, was also detained, and family members and lawyers were not permitted to visit him.

Arrest Procedures and Treatment of Detainees

Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated.

After the completion of an investigation, the procuratorate may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may detain a suspect for an additional 45 days before beginning judicial proceedings. Public security officials sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.

The law stipulates detainees be allowed to meet with defense counsel before criminal charges are filed. The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one; is blind, deaf, mute, or mentally ill; is a minor; or faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so. Lawyers reported significant difficulties meeting their clients in detention centers, especially in cases considered politically sensitive.

Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not operate effectively, and authorities released few suspects on bail.

The law requires notification of family members within 24 hours of detention, but authorities often held individuals without providing such notification for significantly longer periods, especially in politically sensitive cases. In some cases notification did not occur. Under a sweeping exception, officials are not required to provide notification if doing so would “hinder the investigation” of a case. The criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret these provisions.

Under certain circumstances the law allows for residential surveillance in the detainee’s home, rather than detention in a formal facility. With the approval of the next-higher-level authorities, officials also may place a suspect under “residential surveillance at a designated location” for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe surveillance at the suspect’s home would impede the investigation. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases. Human rights organizations and detainees reported the practice of residential surveillance at a designated location left detainees at a high risk for torture, since being neither at home nor in a monitored detention facility reduced opportunities for oversight of detainee treatment and mechanisms for appeal.

Authorities used administrative detention to intimidate political and religious advocates and to prevent public demonstrations. Forms of administrative detention included compulsory drug rehabilitation treatment (for drug users), “custody and training” (for minor criminal offenders), and “legal education” centers for political activists and religious adherents, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including commonly a six-month stay in a detoxification center. The government maintained similar rehabilitation centers for those charged with prostitution and with soliciting prostitution.

Arbitrary Arrest: Authorities detained or arrested persons on allegations of revealing state secrets, subversion, and other crimes as a means to suppress political dissent and public advocacy. These charges, as well as what constitutes a state secret, remained ill defined, and any piece of information could be retroactively designated a state secret. Authorities also used the vaguely worded charges of “picking quarrels and provoking trouble” broadly against many civil rights advocates. It is unclear what this term means. Authorities also detained citizens and foreigners under broad and ambiguous state secret laws for, among other actions, disclosing information on criminal trials, commercial activity, and government activity. A counterespionage law grants authorities the power to require individuals and organizations to cease any activities deemed a threat to national security. Failure to comply could result in seizure of property and assets.

There were multiple reports authorities arrested or detained lawyers, religious leaders or adherents, petitioners, and other rights advocates for lengthy periods, only to have the charges later dismissed for lack of evidence. Authorities subjected many of these citizens to extralegal house arrest, denial of travel rights, or administrative detention in different types of extralegal detention facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials, annual plenary sessions of the National People’s Congress (NPC), the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and Xinjiang. Security agents took some of those not placed under house arrest to remote areas on so-called forced vacations.

In February a Ningbo court sentenced Swedish citizen bookseller and Hong Kong resident Gui Minhai to 10 years’ imprisonment for “providing intelligence overseas;” the court said Gui pled guilty. Gui went missing from Thailand in 2015, was released by Chinese authorities in 2017, and was detained again in 2018 while traveling on a train to Beijing, initially for charges related to “illegal business operations.” The Ningbo court said that Gui’s PRC citizenship had been reinstated in 2018 after he allegedly applied to regain PRC nationality.

In May, Nanning authorities tried Qin Yongpei behind closed doors, not allowing his lawyer to attend; as of December there was no update on the trial’s outcome. Qin was detained in October 2019 then formally arrested on charges of “inciting subversion of state power.” He remained in Nanning No. 1 Detention Center. His lawyer, who was not allowed to see Qin until shortly before the trial, said Qin had suffered poor conditions in detention–no bed, insufficient food, sleep deprivation, and extreme indoor heat and humidity in the summers. Authorities continued to block Qin’s wife from communicating or visiting him in prison while local police intimidated their daughters. Qin had worked on several human rights cases, including those of “709” lawyers (the nationwide government crackdown on human rights lawyers and other rights advocates that began on July 9, 2015) and Falun Gong practitioners, assisted many indigent and vulnerable persons, and publicized misconduct by high-level government and CCP officials. He was disbarred in 2018 after having practiced law since the mid-1990s. After being disbarred, Qin founded the China Lawyers’ Club to employ disbarred lawyers.

Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. From 2015 to 2018, authorities held many of the “709” detainees and their defense attorneys in pretrial detention for more than a year without access to their families or their lawyers. Statistics were not published or made publicly available, but lengthy pretrial detentions were especially common in cases of political prisoners.

At year’s end Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in detention at the Shenyang Detention Center; she has been held since 2017 and charged with “picking quarrels and provoking trouble.” Due to her poor health, Li’s attorney submitted multiple requests to Shenyang authorities to release her on medical parole, but each time her request was denied without reason or hearing. Following a January 8 meeting, Li’s lawyer said she was suffering from various medical conditions and applied for bail, but the court rejected her application. Since their January 8 meeting, authorities blocked the lawyer’s access to Li citing COVID-19 concerns. Li’s trial was postponed repeatedly.

On August 14, the Shenyang Tiexi District Court sentenced human rights advocate Lin Mingjie to a total of five years and six months in prison and a 20,000 renminbi (almost $3,000); an appeal was pending at year’s end. Lin had been detained in 2016 for assembling a group of demonstrators in front of the Ministry of Public Security in Beijing to protest Shenyang Public Security Bureau Director Xu Wenyou’s abuse of power. In 2018 Lin was sentenced to two years and six months in prison, including time served, and was reportedly released in April 2019, although his attorney had neither heard from him nor knew his whereabouts. In September 2019 police reportedly detained Lin again for “picking quarrels and provoking disturbance.” Police also detained Lin Mingjie’s brother, Lin Minghua, for “provoking disturbance” in 2016. The Tiexi District Court sentenced Lin Minghua to three years in prison. The authorities did not disclose the details of the case, including the types of “disturbance” of which the two brothers were accused.

Colombia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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. There were allegations, however, that authorities detained citizens arbitrarily. CINEP reported 31 cases of arbitrary detention committed by state security forces through August 19.

Arrest Procedures and Treatment of Detainees

Authorities must bring detained persons before a judge within 36 hours to determine the validity of the detention, bring formal charges within 30 days, and start a trial within 90 days of the initial detention. Public defenders contracted by the Office of the Ombudsman assisted indigent defendants but were overloaded with cases. Detainees received prompt access to legal counsel and family members as provided for by law. Bail was generally available except for serious crimes such as murder, rebellion, or narcotics trafficking. Authorities generally respected these rights.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention; however, this requirement was not always respected. NGOs characterized some arrests as arbitrary detention, including arrests allegedly based on tips from informants about persons linked to guerrilla activities, detentions by members of the security forces without a judicial order, detentions based on administrative authority, detentions during military operations or at roadblocks, large-scale detentions, and detentions of persons while they were “exercising their fundamental rights.” For example, NGOs alleged that on May 20, members of the army’s Seventh Division arbitrarily detained and searched crop substitution leader Ariolfo Sanchez Ruiz along with a group of rural farmers in the department of Antioquia. According to media reports, army soldiers killed Sanchez. Army officials stated that soldiers were in the area to eradicate illicit crops and that the killing was under investigation.

Pretrial Detention: The judicial process moved slowly, and the civilian judicial system suffered from a significant backlog of cases, which led to large numbers of pretrial detainees. Of the 106,700 prison detainees, 29,450 were in pretrial detention. The failure of many jail supervisors to keep mandatory detention records or follow notification procedures made accounting for all detainees difficult. In some cases detainees were released without a trial because they had already served more than one-third of the maximum sentence for their charges.

Civil society groups complained that authorities subjected some community leaders to extended pretrial detention.

Costa Rica

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right for 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 requires issuance of judicial warrants before police may make an arrest, except where probable cause is evident to the arresting officer. The law entitles a detainee to a judicial determination of the legality of detention during arraignment before a judge within 24 hours of arrest. The law provides for the right to post bail and prompt access to an attorney and family members. Authorities generally observed these rights. Indigent persons have access to a public attorney at government expense. Those without sufficient personal funds are also able to use the services of a public defender. With judicial authorization, authorities may hold a suspect incommunicado for 48 hours after arrest or, under special circumstances, for up to 10 days. Special circumstances include cases in which pretrial detention previously was ordered and there is reason to believe a suspect may reach an agreement with accomplices or may obstruct the investigation. Suspects were allowed access to attorneys immediately before submitting statements before a judge. Authorities promptly informed suspects of any offenses under investigation. Habeas corpus provides legal protection for citizens against threats from police; it also requires judges to give a clear explanation of the legal basis for detention of and evidence against a suspect.

Arbitrary Arrest: On June 30, the Constitutional Chamber of the Supreme Court ruled against the state for an “unreasonable, disproportionate, and unnecessary” detention of an individual for six hours on June 16. Judicial police did not explain to the detainee the reasons for taking him into custody and did not show him an arrest warrant or any evidence of a crime. Police were also criticized for detaining individuals protesting COVID-19 lockdown measures. On August 7, the Constitutional Chamber ruled in favor of an activist detained on June 24 by uniformed police while she was protesting a lockdown in Tamarindo, Guanacaste.

Pretrial Detention: Lengthy pretrial detention was a problem. According to the Ministry of Justice, as of June persons in pretrial detention constituted approximately 20 percent of the prison population, compared with 22 percent in 2019. The average length of pretrial detention was 90 to 180 days. In some cases delays were due to pending criminal investigations and lengthy legal procedures. In other cases the delays were a result of court backlogs. The length of pretrial detention generally did not equal or exceed the maximum sentence for the alleged crime. The law establishes that preventive detention should be proportional to the sentence for the alleged crime, and authorities generally complied with that mandate.

Côte d’Ivoire

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 both reportedly occurred. Human rights organizations reported that authorities arbitrarily detained persons, often without charge. Many of these detainees remained in custody briefly at either police or gendarmerie stations before being released or transferred to prisons, but others were detained at these initial holding locations for lengthy periods. The limit of 48 hours’ detention without charge by police was sometimes not enforced. Although detainees have the right to challenge in court the lawfulness of their detention, most detainees were unaware of this right. Public defenders were often overwhelmed by their workloads.

Arrest Procedures and Treatment of Detainees

The government revised the law in 2019 to allow the state to detain a suspect for up to 48 hours without charge, subject to renewal only once for an additional 48 hours. The law specifies a maximum of 18 months of pretrial detention for misdemeanor charges and 24 months for felony charges, subject to judicial review every eight months.

Police occasionally arrested individuals and held them without charge beyond the legal limit. While the law provides for informing detainees promptly of the charges against them, human rights organizations reported that this did not always occur, especially in cases concerning state security or involving the DST. A bail system exists but was reportedly used solely at the discretion of the trial judge. Authorities generally allowed detainees access to lawyers, but in national security cases, authorities sometimes did not allow access to lawyers and family members. The government sometimes provided lawyers to those who could not afford them, but other suspects often had no lawyer unless privately retaining one. Public defenders occasionally refused to accept indigent client cases they were asked to take because they reportedly had difficulty being reimbursed by the government as prescribed by law. Human rights organizations reported multiple instances in which detainees were transferred to detention facilities outside their presiding judge’s jurisdiction, in violation of the law.

Arbitrary Arrest: The law does not permit arbitrary arrest, but authorities reportedly used the practice. One human rights organization documented several cases of detainees held for up to 12 days without charge and without access to hygiene supplies. Multiple media sources reported that in September, Justin Koua, the local spokesperson of an opposition political party, was arrested on his way to work. Koua was charged with disturbing the peace, inciting insurrection, and as an accessory to property destruction as a result of his calls for protests against President Ouattara’s candidacy for a third term. Koua’s lawyers told media his arrest violated the law because he was not first served with a summons to appear before authorities. During the week following his arrest, media reported Koua was transferred to four different detention facilities. Koua’s lawyers later told media they were not officially informed of any of these transfers and learned of the transfers from unofficial sources.

Pretrial Detention: According to officials, 6,586 inmates were in pretrial detention as of late August, slightly more than 30 percent of the total inmate population. Prolonged pretrial detention was a major problem. In some cases the length of detention equaled or exceeded the sentence for the alleged crime. Inadequate staffing in the judicial ministry, judicial inefficiency, and authorities’ lack of training or knowledge of legal updates contributed to lengthy pretrial detention. There were reports of pretrial detainees receiving convictions in absentia, with judicial authorities sometimes claiming the presence of the accused at their trial was not necessary, and at other times, not providing sufficient notice and time to arrange transportation to the trial.

Crimea

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Arrest Procedures and Treatment of Detainees

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Arbitrary Arrest: Arbitrary arrests continued to occur, which observers believed were a means of instilling fear, stifling opposition, and inflicting punishment on those who opposed the occupation. Security forces conducted regular raids on Crimean Tatar villages and the homes of Jehovah’s Witnesses, accompanied by detentions, interrogations, and often criminal charges. The Crimean Resource Center recorded 68 detentions and 70 interrogations that were politically motivated as of September 30. For example, on May 30, Ukrainian soldier Yevhen Dobrynsky disappeared while on duty near the administrative boundary between mainland Ukraine and Crimea. On June 2, the FSB announced it had detained Dobrynsky for “illegally crossing the border from Ukraine to Russia.” As of October, Dobrynsky was still detained by occupation authorities.

The HRMMU noted that justifications underpinning the arrests of alleged members of “terrorist” or “extremist” groups often provided little evidence that the suspect posed an actual threat to society by planning or undertaking concrete actions.

The HRMMU noted the prevalence of members of the Crimean Tatar community among those apprehended during police raids. According to the Crimean Tatar Resource Center, of the 173 individuals arrested between January and August, 133 were Crimean Tatars. The HRMMU noted raids were often carried out on the pretext of purported need to seize materials linking suspects to groups that are banned in the Russian Federation, but lawful in Ukraine.

For example, according to press reports, on July 7, the FSB raided houses of Crimean Tatars in various parts of the peninsula. Security forces reportedly targeted the houses of activists belonging to the Crimean Solidarity movement, a human rights organization that provides the relatives and lawyers of political prisoners with legal, financial, and moral support. Seven individuals were arrested during the raid. According to human rights groups, security forces had no warrant for the raid and denied detained individuals access to lawyers. Of the seven men arrested during the raid, three were charged with organizing the activities of a terrorist organization (Hizb ut-Tahrir, which is legal in Ukraine), which carries a sentence of up to life in prison. The rest were charged with participating in the activities of a terrorist organization, which carries a sentence of up to 20 years in prison.

Jehovah’s Witnesses were also targeted for raids and arbitrary arrests. For example, on May 26, Russian security forces in Kerch conducted searches of four homes belonging to Jehovah’s Witnesses, and one man was arrested on “extremism” charges as a result of the searches. The group is banned in Russia as an extremist organization but is legal in Ukraine. On June 4, Jehovah’s Witness Artyom Gerasimov was sentenced to six years’ imprisonment on “extremism” charges. Prosecutors presented secret audio recordings of Gerasimov and his family reciting prayers and Bible verses in their home, alleging these actions constituted illegal “organizational activities” on behalf of the Jehovah’s Witnesses. Gerasimov was the second Jehovah’s Witness during the year to receive a six-year prison sentence on extremism charges after an arbitrary arrest for exercising his freedom of religion.

Failure to submit to conscription into the Russian military was also used as a basis for arbitrary arrests. Since 2015, Russia has conducted annual spring and fall conscriptions in Crimea, and failure to comply is punishable by criminal penalty. Since the beginning of the occupation, nearly 30,000 persons have been conscripted, and in February the Crimean Human Rights Group documented eight new criminal cases of Crimean residents for evading military service in the Russian Federation Armed Forces.

Detainees were often denied access to a lawyer during interrogation. For example, on August 31, FSB officers searched the homes of four Crimean Tatar activists belonging to the group Crimean Solidarity. FSB officers detained all four activists: Ayder Kadyrov, a correspondent for the Grani.ru online media, Ridvan Umerov (a leader of the local mosque), and Crimean Solidarity members Ayder Yabliakimov and Enver Topchi. The men were interrogated for eight hours, during which authorities refused to grant their lawyers access to them. Kadyrov’s lawyer claimed that authorities forced Kadyrov to sign a confession.

Croatia

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 and provide 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

Other than those apprehended during the commission of a crime, persons were arrested with warrants issued by a judge or prosecutor based on evidence. Prosecutors may hold suspects for up to 48 hours in detention. Upon request of prosecutors, an investigative judge may extend investigative detention for an additional 36 hours. Authorities informed detainees promptly of charges against them. The law requires a detainee be brought promptly before a judicial officer, and this right was generally respected. In 2019 the ombudsperson received 6 percent more complaints relating to the work of the Office of the Chief State Prosecutor, mostly due to lack of communication with citizens in reference to charges against them. The law limits release on bail only in cases of flight risk. In more serious cases, defendants were held in pretrial detention. Authorities allowed detainees prompt access to a lawyer of their choice or, if indigent, to one provided by the state.

Cyprus

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, with the exception of an incident involving several asylum seekers.

Arrest Procedures and Treatment of Detainees

The law requires judicially issued arrest warrants, and authorities respected this requirement. Authorities may not detain a person for more than one day unless a court grants an extension. Most periods of investigative detention did not exceed 10 days before the filing of formal charges. Authorities promptly informed detainees of the charges against them in a language they could understand. The attorney general made efforts to minimize pretrial detention, especially in cases of serious crimes.

There is a functioning system of bail. The government claimed the right to deport foreign nationals for specified reasons of public interest, regardless of whether criminal charges had been filed against them or they had been convicted of a crime. Trial delays were common and partially caused by lengthy legal procedures, which created a larger workload for the courts.

Detainees generally had access to an attorney. The law permits detainees to speak to their attorney at any time, including before and during interrogation by police. The CPT reported in 2018, however, that police officers regularly prevented detainees from contacting a lawyer until they had given a written statement, and the bar association reported that the presence of lawyers was not permitted during police interviews.

In one example, in 2019 a British teenager claimed Ayia Napa police denied her access to a lawyer during questioning and pressured her to sign a statement revoking her claim of rape against several Israeli teenagers. After she signed the confession, police charged her with causing public mischief for filing a false police report. The British teenager’s attorney told the press that police had questioned her for eight hours at the police station without a lawyer. On January 7, the court sentenced her to a four-month suspended sentence.

In criminal cases the state provides indigent detainees with an attorney. To qualify for free legal aid, however, detainees first require a court decision confirming their financial need. The Republic of Cyprus Bar Association prohibits lawyers from doing work pro bono. NGOs complained that this has a significant impact on their ability to take the government to court and hold officials accountable for the treatment of asylum seekers.

NGOs reported arbitrary arrests and detention of asylum seekers. According to the UNHCR, on May 11 and 15, police rounded up 67 asylum seekers from hotels and homes, handcuffed them, and transferred them by bus to Kokkinotrimithia reception center, where other refugees and asylum seekers were housed. They were confined to the center due to COVID-19-related movement restrictions. Police reportedly did not present arrest warrants, explain the reason for the arrests, or allow those arrested to bring any personal belongings, including medications.

The ombudsman reported some cases of authorities detaining migrants and asylum seekers, allegedly for the purpose of deportation, for extended periods despite there being no prospect they would actually be deported, either because their country of origin refused to accept them or the detainees refused to consent to the issuance of travel documents by their country of origin. The ombudsman reported that in those cases detention did not exceed the maximum of 18 months permitted by the law. A considerable number of detainees at the Mennoyia Detention Center were awaiting a decision on their request for international protection or for adjudication of their appeals against the rejection of their asylum applications. KISA said that authorities continued to provide only limited information to detainees about the status of their cases. The ombudsman recommended that Civil Registry and Migration Department adopted its past recommendation to have its officers visit Mennoyia Detention Center more frequently to better inform detainees about their cases.

Unlike in some previous years, the ombudsman and NGOs did not encounter cases of detainees deported before final adjudication of their asylum applications. An NGO reported, however, that instead of deporting detainees before final adjudication of their cases, immigration authorities pressured them to sign a voluntary return consent by threatening them with indefinite detention. The ombudsman received a complaint from a female detainee at the Mennoyia Detention Center about the type and quality of food provided. During the course of the ombudsman’s investigation, the detainee was provided the specific diet recommended by the doctor and the investigation was closed.

Czech Republic

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of their arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

In most cases, police use judicial warrants to arrest individuals accused of criminal acts. Police may make arrests without a warrant when they believe a prosecutable offense has been committed, when they regard arrest as necessary to prevent further offenses or the destruction of evidence, to protect a suspect, or when a person refuses to obey police orders to move.

Police must refer individuals arrested on a warrant to a court within 24 hours. A judge has an additional 24 hours to decide whether to continue to hold the individuals. For suspects arrested without a warrant, police have 48 hours to inform them of the reason for the arrest, question them, and either release them or refer them to a judge who must decide within 24 hours whether to charge them. Authorities may not hold detainees for a longer period without charge.

The law provides for bail except in cases of serious crimes or to prevent witness tampering. A defendant in a criminal case may request a lawyer immediately upon arrest. If a defendant cannot afford a lawyer, the government provides one. The court determines whether the government partially or fully covers attorney’s fees. Authorities generally respected these rights.

Denmark

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 and provide 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 allows police both to begin investigations and to make arrests on their own initiative based upon observed evidence or to enforce a court order following an indictment filed with the courts by public prosecutors.

The law mandates that citizens and documented migrants taken into custody appear before a judge within 24 hours. The judge may extend police custody for a further 72 hours. In contrast to citizens and documented migrants, authorities may hold irregular migrants up to 72 hours before bringing them before a judge or releasing them. In all cases the law requires police to make every effort to limit detention time after arrest to fewer than 12 hours. A migrant generally is classified as irregular when the individual does not have the required authorization or documents for legal immigration. During the 72-hour holding period, the National Police, the Danish Center against Human Trafficking, and antitrafficking NGOs, if needed, can review an irregular migrant’s case to determine whether the migrant is a victim of human trafficking. In addition, the Ministry of Immigration and Integration can suspend the requirement for a 72-hour case review if the volume of asylum requests exceeds the ability of the government to complete reviews within 72 hours. Authorities can extend detention beyond 72 hours to conduct additional research in cases where the migrant’s country of origin or identity cannot be positively verified.

According to the CPT, police may administratively detain a person who endangers public order, the safety of individuals, or public security for a period not exceeding six hours or, in the context of public gatherings and crowds, 12 hours.

Authorities generally respected the right of detainees to a prompt judicial determination and informed them promptly of charges against them. There is no bail system; judges decide either to release detainees on their own recognizance or to keep them in detention until trial. A judge may authorize detention prior to trial only when authorities charge the detainee with a violation that could result in a prison sentence of more than 18 months or when the judge determines the detainee would seek to impede the investigation of the case, be a flight risk, or be likely to commit a new offense. The standard period of pretrial custody is up to four weeks, but a court order may further extend custody in four-week increments.

Arrested persons have the right to unsupervised visits with an attorney from the time police bring them to a police station. The CPT alleged questioning of detainees often began immediately upon arrest and during transport to the police station. Police frequently delayed access to an attorney until the accused appeared in court for a remand hearing. Several detained persons complained to the CPT that the first time they had met a lawyer was in court, a few minutes before the application of remand custody was being decided. The CPT reported that a number of detained persons had not been informed of their right of access to a lawyer or that their requests to contact a lawyer and have him or her present during police questioning had been ignored. Moreover, detained persons’ requests to see a lawyer and the action taken by police in response to such requests were not recorded systematically.

The government provides counsel for those who cannot afford legal representation. Detainees have the right to inform their next of kin of their arrest, although authorities may deny this right if information about the detention could compromise the police investigation. Detainees have the right to medical treatment, and authorities generally respected this right. Police may deny other forms of visitation, subject to a court appeal but generally did not do so. Fewer detainees were sent to isolation than in previous years, but the practice was still used as a method of punishment.

Dominican Republic

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a crime or in other special circumstances. The law permits detention without a charge for up to 48 hours. The constitution provides for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed this requirement. Arbitrary arrest and detention were problems. There were reports of individuals held and later released with little or no explanation for the detention. NGOs reported detainees were often taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

Arrest Procedures and Treatment of Detainees

The law provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. Nonetheless, there were reports of detainees who remained in police stations for long periods of time, even weeks, before being transferred to a prison. Police stations did not have adequate physical conditions or the resources, including food, to provide for detainees for an extended period.

The law permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system and a system of house arrest.

The law requires provision of counsel to indigent defendants, but staffing levels were inadequate to meet demand. In theory the NOPD provided free legal aid to those who could not afford counsel, but many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer due to inadequate staffing. Prosecutors and judges handled interrogations of juveniles, since the law prohibits interrogation of juveniles by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high-crime communities during which they arrested and detained individuals without warrants. During these operations police detained large numbers of residents and seized personal property allegedly used in criminal activity.

The International Organization for Migration (IOM) reported cases of Haitian migrants and their children, as well as Dominicans of Haitian descent, being detained and deported because authorities did not permit them to retrieve immigration or citizenship documents from their residences. There were also reports of deportations of unaccompanied children and of women who left children behind. The IOM reported that due to training they provided to migration officials, the number of erroneous deportations of documented and vulnerable persons fell by 58 percent over the past four years.

Civil society organization representatives said the government informally deported individuals by taking them across the border without documentation. The IOM reported that the General Directorate of Migration referred to these cases as “devolutions” or “not admitted” and that there was no due process in these operations. The IOM worked with the government to establish a system for nonadmitted persons.

Pretrial Detention: Many suspects endured long pretrial detention. A judge may order detention between three and 18 months. According to the Directorate of Prisons, as of September, 62 percent of inmates in old-model prisons were in pretrial custody, compared with 53 percent of prisoners in CRCs. The average pretrial detention time was three months, but there were reports of pretrial detention lasting more than three years, including cases involving foreign citizens. Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed due to a lack of transportation from prison to court. In other cases their lawyer, codefendants, interpreters, or witnesses did not appear or were not officially called by the court to appear. Despite protections for defendants in the law, in some cases authorities held inmates beyond the legally mandated deadlines, even when there were no formal charges against them.

Ecuador

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, but there were reports that provincial and local authorities did not always observe these provisions. According to NGOs, illegal detentions continued to occur.

Arrest Procedures and Treatment of Detainees

The law requires authorities to issue specific written arrest orders prior to detention, and a judge must charge a suspect with a specific criminal offense within 24 hours of arrest. Authorities generally observed this time limit, although in some provinces initial detention was often considerably longer. Detainees have the right to be informed of the charges against them. By law, if the initial investigation report is incriminating, the judge, upon the prosecutor’s request, may order pretrial detention. Judges at times ordered a detainee’s release pending trial with the use of ankle-monitoring bracelets.

Detainees have a constitutional right to an attorney. Those without financial means to pay for an attorney have the right to request a court-appointed attorney from the Public Defenders’ Office. Although there were many available court-appointed defenders, the number of cases and limited time to prepare for the defense continued to present a disadvantage during trials.

The law entitles detainees to prompt access to lawyers and family members, but NGOs continued to report delays depending on the circumstances and the willingness of local courts and prison guards to enforce the law.

Arbitrary Arrest: Several NGOs and international organizations reported that security forces arbitrarily detained protesters during the October 2019 violent antigovernment demonstrations. In its January 14 report, the IACHR highlighted information received indicating that “a large number of arrests were allegedly carried out arbitrarily or illegally,” underlining the comptroller’s October 2019 claim that up to 76 percent of the government’s reported 1,192 detentions during the demonstrations were arbitrary or illegal.

Pretrial Detention: Corruption and general judicial inefficiency caused trial delays. Police, prosecutors, public defenders, and judges did not receive adequate training. The length of pretrial detention did not usually exceed the maximum sentence for the alleged crime.

Egypt

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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, but reported incidents of arbitrary arrests and detentions remained frequent, according to local and international rights groups.

Arrest Procedures and Treatment of Detainees

For persons other than those apprehended in the process of committing a crime, the law requires that police act on the basis of a judicial warrant issued either under the penal code or the code of military justice, but there were numerous reports of arrests without a warrant.

Ordinary criminal courts and misdemeanor courts hear cases brought by the prosecutor general. Arrests under the penal code occurred openly and with warrants issued by a public prosecutor or judge. There was a functioning bail system, although some defendants claimed judges imposed unreasonably high bail.

Criminal defendants have the right to counsel promptly after arrest, and usually, but not always, authorities allowed access to family members. The court is obliged to provide a lawyer to indigent defendants. Nevertheless, defendants often faced administrative and, in some cases, political or legal obstacles and could not secure regular access to lawyers or family visits. A prosecutor may order four days of preventive detention for individuals suspected of committing misdemeanors or felonies. In regular criminal cases, the period of preventive detention is subject to renewal in increments of 15 days by the investigative judge up to a total of 45 days, for both misdemeanors and felonies. Before the 45th day, the prosecutor must submit the case to a misdemeanor appellate court panel of three judges, who may release the accused person or renew the detention in further increments of 45 days. In cases under the jurisdiction of the State Security Prosecution, prosecutors may renew preventive detention in increments of 15 days up to a total of 150 days, after which the prosecutor must refer the case to a criminal court panel of three judges to renew the detention in increments of 45 days.

Detention may extend from the stage of initial investigation through all stages of criminal judicial proceedings. The combined periods of prosecutor- and court-ordered detentions prior to trial may not exceed six months in cases of misdemeanors, 18 months in cases of felonies, and two years in cases involving the death penalty or life imprisonment. After the pretrial detention reaches its legal limit without a conviction, authorities must release the accused person immediately. Legal experts offered conflicting interpretations of the law in death penalty or life imprisonment cases once the trial has commenced, with some arguing there is no time limit on detention during the trial period, which may last several years.

Charges involving the death penalty or life imprisonment, such as joining a banned group to undermine state institutions, sometimes were added to cases related to expression; as a result authorities might hold some appellants charged with nonviolent crimes indefinitely.

Arbitrary Arrest: The constitution prohibits arrest, search, or detention without a judicial warrant, except for those caught in the act of a crime. These rights are suspended during a state of emergency. There were frequent reports of arbitrary arrest and detention. Local activists and rights groups stated that hundreds of arrests did not comply with due-process laws. For example, authorities did not charge the detainees with crimes or refer them to prosecutors and denied access to their lawyers and families (see section 1.b.).

On September 20, Kamal el-Balshy was arrested in downtown Cairo according to a local news website. On October 1, the state prosecutor’s office charged el-Balshy with illegal assembly, membership of a banned group, spreading false news, and misusing social media, according to local news reports. He remained in pretrial detention as of December 30. A regional rights group characterized the arrest as retaliation for the work of his brother Khaled el-Balshy, editor in chief of Daarb, a local independent news website.

In November 2019, Ramy Kamel, a Coptic Christian human rights activist, was arrested in his home in Cairo. On December 7, the Criminal Court renewed for 45 days his pretrial detention on accusations of joining a terror group and spreading false news. Activists called for his release during the COVID-19 pandemic due to his health issues, including asthma. An international organization stated Kamel has been held in solitary confinement since his November 2019 arrest and had not been authorized a visit from his family or lawyers between March and July due to COVID-19 restrictions on prison visits. He remained in custody.

On March 24, the Islamist YouTuber Abdallah Al Sherif claimed security authorities had arrested his brothers in Alexandria in response to his March 19 posting of a leaked video allegedly showing an Egyptian military officer mutilating a corpse in North Sinai.

Local media reported a criminal court ordered the release of human rights lawyer Mohsen Al-Bahnasi on probation on August 24 and that he was physically released on August 31. State Security officers had arrested him on March 27 after he publicly expressed confidence that prosecutors would release detainees due to COVID-19 concerns. On May 20, prosecutors renewed his pretrial detention for 15 days on charges of joining a terrorist group, spreading false news, and misusing social media. A local human rights organization said authorities beat Bahnasi upon arrest, refused to grant his lawyers access to the investigation record and arrest warrant, and presented no evidence of the accusations against him.

Kholoud Said, the head of the translation unit of the publication department at Bibliotheca Alexandria, was arrested on April 21 on charges of joining a terrorist group, spreading false news, and misusing social media. She appeared before the State Security Prosecution on April 28. On December 13, the Cairo Criminal Court ordered Said released pending investigation. Said remained in detention as of December 30. Freelance translator Marwa Arafa was arrested on April 20 and appeared before the State Security Prosecution on May 4. Her 45-day pretrial detention was renewed on December 10 pending investigations on similar charges. Representatives of one women’s rights organization said they could not identify any apparent reason for these arrests.

On June 22, security forces arrested human rights activist Sanaa Seif from outside the public prosecutor’s office in New Cairo. Seif’s brother, activist Alaa Abdel Fatah (see section 1.c.), had been in detention since September 2019. Seif’s trial on charges of disseminating false news, inciting terrorist crimes, misusing social media, and insulting a police officer started on September 12. The next session was set for January 2021.

According to a local human rights organization, in September security forces increased their presence in downtown Cairo and continued to search and arrest citizens around the anniversary of protests in September 2019. On October 3, local media reported a number of arrests in Cairo following demonstrations, and a lawyer reported that nearly 2,000 individuals had been arrested. Between late October and early December, several hundred persons were released.

On January 13, Moustafa Kassem, a dual Egyptian-U.S. citizen who was arbitrarily arrested in Cairo in 2013, died in an Egyptian prison.

Pretrial Detention: The government did not provide figures on the total number of pretrial detainees. Rights groups and the quasi-governmental National Council for Human Rights alleged excessive use of pretrial detention and preventive detention during trials for nonviolent crimes. Authorities sometimes held pretrial detainees in the same facilities as convicted prisoners. Large backlogs in the criminal courts contributed to protracted periods of pretrial detention. Estimates of the number of pretrial and preventive detainees were unreliable. According to human rights organizations, the government sometimes rearrested detainees on charges filed in new cases to extend their detention beyond a two-year maximum.

On December 12, local media reported that a criminal court renewed the pretrial detention of Ola Qaradawi for 45 days. Authorities had arrested Qaradawi and her husband, Hosam Khalaf, in 2017 on charges of communicating with and facilitating support for a terrorist group. A court ordered her release in July 2019, but prior to her release, authorities rearrested her on the same charges in a new case. A court ordered her release again on February 20, although the order was overturned on appeal. Qaradawi and her husband remained in pretrial detention pending investigations.

On November 8, a court renewed the 45-day pretrial detention of al-Jazeera journalist Mahmoud Hussein, who had been held for more than 1,400 days in pretrial detention, including long periods in solitary confinement, for allegedly disseminating false news and receiving funds from foreign authorities to defame the state’s reputation. He was arrested in 2016, ordered released, and rearrested on unspecified charges in a new case in May 2019; he remained in pretrial detention awaiting formal charges.

On September 2, Ahmed Abdelnabi Mahmoud died in a prison in Cairo after nearly two years in pretrial detention, according to Human Rights Watch. He was charged with belonging to an unspecified illegal group. Authorities allegedly never provided Mahmoud’s lawyers with a copy of the official charges against him.

On September 4, authorities arrested Islam el-Australy in Giza. On September 7, he died in police custody, allegedly of heart failure. Following the death, dozens of protesters demonstrated outside the local police station until security forces dispersed them and sealed off the area. On September 9, security forces arrested Islam al-Kalhy, a reporter for Daarb, while he was covering protests related to el-Australy’s death. He was charged with spreading false news and joining a banned group and ordered to be detained for 15 days pending an investigation.

Detainees Ability to Challenge Lawfulness of Detention before a Court: According to the constitution, detainees have the right to challenge the legality of their detention before a court, which must decide within one week if the detention is lawful or otherwise immediately release the detainee. In practice, authorities deprived some individuals of this right, according to international and local human rights groups. The constitution also defers to the law to regulate the duration of preventive detention.

On April 28, the Cairo Court of Appeals ruled that due to COVID-19, courts could release detainees or renew their pretrial detention without their presence in court. Based on this decision, between May 4 and May 6, judges extended the pretrial detention of 1,200 to 1,600 detainees without their presence, according to Amnesty International and local human rights organizations. Affected detainees included lawyer Mahienour al-Massry, who was arrested in September 2019 while he was representing detained protesters and then charged anew on August 30 on the same charges; and political activist Sameh Saudi, whom authorities arrested in 2018, ordered released in May 2019, and rearrested before his release in a new case in September 2019. Both remained detained pending investigations on charges of joining a terrorist group and spreading false news. On May 3, courts resumed pretrial renewal sessions after suspending them on March 16 due to COVID-19. After the sessions resumed, courts issued retroactive pretrial detention renewal orders for detainees whose detention orders expired while detained between March 16 and May 3.

El Salvador

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Although the constitution prohibits arbitrary arrest and detention, there were numerous complaints that the PNC and military forces carried out arbitrary arrests. NGOs reported that the PNC arbitrarily arrested and detained individuals on suspicion of gang affiliation.

The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed this provision.

On March 21, President Bukele issued a mandatory nationwide stay-at-home order for 30 days. Following this announcement, the PNC and armed forces began enforcement and placed those violating the order in containment centers for 30 days of quarantine. Some of those detained for violating the stay-at-home order were taken to police stations and held for more than 24 hours.

Apolonio Tobar, the ombudsman for human rights, reported that individuals in detention were not receiving their COVID-19 test results until weeks after being tested. According to media, this delay contributed to extended time in detention as individuals were forced to stay in the quarantine facilities longer than the mandated 30 days without a specific explanation from health officials regarding the reason for their continued quarantine or the date of their release.

Arrest Procedures and Treatment of Detainees

The constitution requires a written warrant of arrest except in cases where an individual is caught in the act of committing a crime. Authorities generally apprehended persons with warrants based on evidence and issued by a judge, although this was frequently ignored when allegations of gang membership arose. Police generally informed detainees promptly of charges against them.

The law permits release on bail for detainees who are unlikely to flee or whose release would not impede the investigation of the case. The bail system functioned adequately in most cases. The courts generally enforced a ruling that interrogation without the presence of counsel is coercive and that evidence obtained in such a manner is inadmissible. As a result PNC authorities typically delayed questioning until a public defender or an attorney arrived. The constitution permits the PNC to hold suspects for 72 hours before presenting them to court. The law allows up to six months for investigation of serious crimes before requiring either a trial or dismissal of the case; this period may be extended by an appeals court. Many cases continued beyond the legally prescribed period.

Arbitrary Arrest: As of August 27, the PDDH reported 22 complaints of arbitrary detention or illegal detention, compared with 66 from January to August 2019. Most of the complaints were related to alleged violations of the COVID-19 quarantine.

In March the NGO Cristosal presented a habeas corpus petition to the Constitutional Chamber of the Supreme Court on behalf of three women in Jiquilisco, Usulutan Department, who were arrested and taken into police custody after they went shopping for food and medication. On April 8, the court ordered the government to release the women, since shopping for food and medication was a permitted exception to the stay-at-home order and thus the arrests were illegal. On the same day, the Constitutional Chamber issued a resolution ordering the executive branch to stop illegal and arbitrary arrests and detentions. The Constitutional Chamber stated that any arrest or decision to take someone to a quarantine facility needed the legal framework of a legislative decree, not a presidential decree. The court stated that the decision to move someone into quarantine should be made by health officials only in cases where there are risks of being exposed to or spreading COVID-19.

In a follow-up order on April 15, the Constitutional Chamber ordered the executive branch to set up a registry of persons who had been detained and those who had been released, and mandated that the PDDH monitor the situation and send progress reports to the court every five days. President Bukele announced via Twitter that his administration did not recognize the court’s resolutions or the oversight role of the PDDH.

The Constitutional Chamber ruled in April that any military, police, or other security officials who committed abuses in applying COVID-19 containment policies, including strict enforcement of a stay-at-home order resulting in arbitrary arrests or detention, would be held personally responsible for their actions. The court warned that no one would be allowed to claim “due obedience” for complying with orders and that neither the military nor police were authorized to carry out discretionary or arbitrary arrests.

The Constitutional Chamber received 330 habeas corpus petitions in the two months after the government instituted the nationwide stay-at-home order. Prior to COVID-19, the Constitutional Chamber averaged approximately 400 petitions a year. Most of the complaints involved alleged violations of citizens’ freedom of movement, brought by individuals who were detained in containment centers for disobeying the stay-at-home order. On or about May 11, security forces stopped sending individuals to containment centers for circulating publicly and instead began sending them home. According to the IDHUCA Human Rights Observatory report, 16,756 persons were detained and released from the containment centers from March 21 to August 24.

Pretrial Detention: Lengthy pretrial detention was a significant problem. As of August three-quarters of the general prison population had been convicted and one-quarter had yet to be tried. Some persons remained in pretrial detention longer than the maximum legal sentences for their alleged crimes. In such circumstances detainees were permitted to request a Supreme Court review of their continued detention.

Estonia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and laws prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed these prohibitions.

Arrest Procedures and Treatment of Detainees

Apart from those arrested during the commission of a crime, the law requires that in making arrests, authorities must possess warrants issued by a court based on evidence and must inform detainees promptly of the grounds for their arrest. There is a functioning bail system and other alternatives for provisional release pending trial. Authorities may hold individuals for 48 hours without charge; further detention requires a court order. Police generally complied with these requirements. Criminal procedure rules provide for a maximum detention of two months during preliminary investigations in cases where the accused is a minor and four months in cases of second-degree (less serious) crimes. Detainees are entitled to immediate access to legal counsel, and the government pays for legal counsel for indigent persons.

Ethiopia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and federal law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government did not always observe these requirements.

Arrest Procedures and Treatment of Detainees

The constitution and law require detainees to appear in court and face charges within 48 hours of arrest or as soon thereafter as local circumstances and communications permit. Travel time to the court is not included in this 48-hour period. With a warrant, authorities may detain persons suspected of serious offenses for 14 days without charge. The courts increasingly pushed authorities to present evidence or provide clear justifications within 14 days or release the detainee. Courts also demanded to see police investigative files in order to assess police requests for additional time.

On April 6, the Anti-Terrorism Proclamation (ATP) replaced an antiterrorism law that permitted arbitrary arrests. The ATP provides that a suspect or defendant accused under the provisions of the ATP is to be “protected in accordance with [the] constitution, international agreements [ratified by the government] and other laws of the country concerning rights and conditions of suspected or accused persons.” The ATP prohibits warrantless searches and interception of private communications without a warrant or court order. It gives leasing and rental business owners up to 72 hours to provide the identities of foreigners (nonresidents) to police, significantly narrowing the scope of the law by excluding residents, and reduces the penalties for noncompliance. The ATP ends lengthy detention without a court appearance and gives the courts authority to prioritize any terrorism-related arrests.

A functioning bail system was in place. Bail was not available for persons charged with murder, treason, or corruption. In other cases the courts set bail between 500 and 10,000 birr ($13 and $250), amounts that few citizens could afford. The government provided public defenders for detainees unable to afford private legal counsel, but defendants received these services only when their cases went to trial and not during the pretrial phases. In some cases a single defense counsel represented multiple defendants (coaccused) in a single case.

Arbitrary Arrest: There were reports of arbitrary arrest by security forces.

On May 13, an estimated 1,600 persons were arrested in Addis Ababa for “violating the state of emergency” and not wearing face masks. The EHRC urged police to stop arbitrary arrest of individuals for not wearing face masks and declared that the tactics were needless. All the detained were released within 72 hours (see section 1.c.).

Pretrial Detention: The percentage of the inmate population in pretrial detention and average length of time held was not available. Lengthy legal procedures, large numbers of detainees, judicial inefficiency, and staffing shortages contributed to frequent trial delays, in some cases lasting years.

Detainees Ability to Challenge Lawfulness of Detention before a Court: During the year no cases were brought to the courts by individuals claiming unlawful detention. The law does not provide compensation for unlawfully detained persons.

Fiji

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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, unless the person is detained under the POA. The government generally observed these requirements. The law details procedures for lawful arrest. The minister of defense and national security must authorize detention without charge exceeding 48 hours.

The POA allows authorities to suspend normal due process protections where “necessary to enforce public order.” Persons detained under the provisions of the POA can be held for up to 16 days without being charged, and the POA explicitly disallows any judicial recourse (including habeas corpus) for harms suffered when the government is acting under its provisions. There are also provisions that allow for warrantless searches, restriction of movement (specifically international travel, immigration, or emigration), and permit requirements for political meetings. Authorities have used the POA’s wide provisions to restrict freedom of expression and of association.

Arrest Procedures and Treatment of Detainees

The constitution provides that detained persons be charged and brought to court within 48 hours of arrest or as soon as practicable thereafter, and that right was generally respected. Police officers may arrest persons without a warrant.

Police also conduct arrests in response to warrants issued by magistrates and judges. Persons held under the POA must be charged or released after 16 days. There is no legal requirement to bring to court persons detained under provisions of the POA for judicial review of the grounds for their detention, unless authorities charge them with an offense.

The law provides for bail. Under the law both police and the courts may grant bail. Although there is a legal presumption in favor of granting bail, the prosecution may object, and often did so in cases where the accused was appealing a conviction or had previously breached bail conditions. An individual must apply for bail by a motion and affidavit that require the services of a lawyer.

Authorities generally allowed detainees prompt access to counsel and family members. The Legal Aid Commission provided counsel to some indigent defendants in criminal cases, a service supplemented by voluntary services from private attorneys. The “First Hour Procedure” requires police to provide every suspect with legal aid assistance within the first hour of arrest. In addition, police are required to record the “caution interview” with each suspect before questioning, to confirm police informed all suspects of their constitutional rights, and to confirm whether suspects suffered any abuse by police prior to questioning.

Pretrial Detention: Pretrial detainees made up 24 percent of the prison population, which resulted from a continuing pattern of courts refusing bail and resource shortages. A shortage of prosecutors and judges contributed to slow processing of cases. Consequently, some defendants faced lengthy pretrial detention.

Finland

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 and provide 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 requires police to have a warrant issued by a prosecutor to make an arrest. Police must obtain a warrant within three days if an individual is arrested while committing a crime. Arrested persons must receive a court hearing within three days of arrest, and police must promptly inform detainees of the charges against them. Authorities respected most of these rights. Before trial most defendants awaiting trial are eligible for conditional release on personal recognizance. Detainees generally have access to a lawyer promptly after arrest. Persons detained for “minor” criminal offenses, however, do not have a right to an attorney from the outset of detention or prior to interrogation. The government must provide lawyers for the indigent.

France

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 and provide 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, but lengthy pretrial detention remained a problem.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain warrants based on sufficient evidence prior to detaining suspects, but police may immediately arrest suspects caught committing an illegal act. While in police custody, a person has the right to know the legal basis and expected duration of the detention, to remain silent, to have representation by counsel, to inform someone such as a family member or friend, and to be examined by a medical professional. Defense lawyers have the right to ask questions throughout an interrogation. Authorities generally respected these rights.

The law allows authorities to detain a person up to 24 hours if police have a plausible reason to suspect such person is committing or has committed a crime. A district prosecutor has the authority to extend a detention by 24 hours. A special judge, however, has the authority to extend detention by 24-hour periods up to six days in complex cases, such as those involving drug trafficking, organized crime, and acts of terrorism. A system of bail exists, and authorities made use of it.

Detainees generally have access to a lawyer, and the government provides legal counsel to indigent detainees. The law also requires medical examiners to respect and maintain professional confidentiality. The law forbids complete strip searches except in cases where authorities suspect the accused of hiding dangerous items or drugs.

Pretrial Detention: Long delays in bringing cases to trial and lengthy pretrial detention were problems. Although standard practice allowed pretrial detention only in cases involving possible sentences of more than three years in prison, some suspects spent many years in detention before trial. As of July pretrial detainees made up 34 percent of the prison population.

Gabon

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 and provide for detainees or persons arrested to challenge the legal basis and arbitrary nature of their detention in court; however, the government did not always respect these provisions.

Arrest Procedures and Treatment of Detainees

Although the law requires arrest warrants based on sufficient evidence and issued by a duly authorized official to make arrests, security forces in some cases disregarded these provisions. The law allows authorities to detain a suspect up to 48 hours without charge, after which it requires the suspect be charged before a judge. Police often failed to respect this time limit.

Once a person is charged, the law provides for conditional release if further investigation is required. There was a functioning bail system. Detainees did not always have prompt access to family members and a lawyer of their choice. The law requires the government to provide indigent detainees with lawyers, but this was not always possible, often because the government could not find lawyers willing to accept the terms of payment offered for taking such cases. Arrests required warrants issued by a judge or prosecutor based on evidence.

Arbitrary Arrest: On August 19, agents from the General Directorate for Investigation of the National Gendarmerie arrested the Dynamique Unitaire Trade Union Confederation leader Jean Bosco Boungoumou without a warrant. Accused of broadcasting a video jeopardizing public order, he was detained without charge for longer than the law allows and not permitted prompt access to a lawyer. On August 24, he was charged with terrorism and conspiracy. He remained in prison pending trial at year’s end.

In 2017 authorities arrested Frederic Massavala-Maboumba, the spokesperson for the opposition Coalition for the New Republic, and Deputy Secretary General Pascal Oyougou of the Heritage and Modernity Party, and charged them with “provocation and instigation of acts likely to provoke demonstrations against the authority of the State.” In June 2019 Massavala-Maboumba was released after 20 months’ imprisonment; however, Oyougou remained in detention with no trial date set at year’s end.

Pretrial Detention: Approximately two-thirds of prison inmates were held in pretrial detention that sometimes lasted up to three years. There were instances in which the length of pretrial detention exceeded the maximum sentence for the alleged crime. Prolonged pretrial detention was common due to overburdened dockets and an inefficient judicial system. The law limits pretrial detention to six months on a misdemeanor charge and one year on a felony charge, with six-month extensions if authorized by the examining magistrate. The law provides for a commission to deal with cases of abusive or excessive detention and provides for compensation to victims, but the government had yet to establish such a commission. Detainees generally lacked knowledge of their rights and the procedure for submitting complaints and may not have submitted complaints due to fear of retribution.

On April 10, the Ministry of Justice announced the release of 680 persons from the Central Prison of Libreville, including a significant number who were long-term pretrial detainees who, had they been tried and convicted, would have been released based on time served in most cases.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law provides for detainees or persons arrested to challenge the legal basis and arbitrary nature of their detention. The law also provides for compensation if a court rules detention unlawful. Authorities did not always respect these rights.

Georgia

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 and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government’s observance of these prohibitions was uneven, and reports of arbitrary arrests continued.

Arrest Procedures and Treatment of Detainees

Law enforcement officers must have a warrant to make an arrest except in limited cases. The criminal procedure code provides that an arrest warrant may be obtained only where probable cause is shown that a person committed a crime for which conviction is punishable by imprisonment and that the individual may abscond or fail to appear in court, destroy evidence, or commit another crime. GYLA noted the law did not explicitly specify the role and powers of a judge in reviewing the lawfulness of arrests and that courts often failed to examine the factual circumstances of the detention.

Upon arrest a detainee must be advised of his or her legal rights. Any statement made after arrest but before a detainee is advised of his or her rights is inadmissible in court. The arresting officer must immediately take a detainee to the nearest police station and record the arrest, providing a copy to the detainee and his or her attorney. The Public Defender’s Office reported, however, maintenance of police station logbooks was haphazard and that in a number of cases the logbooks did not establish the date and time of an arrest.

Detainees must be indicted within 48 hours and taken to court within 72 hours. Anyone taken into custody on administrative grounds has the right to be heard in court within 12 hours after detention. Violating these time limits results in the immediate release of the person.

The law permits alternatives to detention. NGOs and court observers reported the judiciary failed to use alternative measures adequately. The government also lacked a monitoring mechanism for defendants not in custody.

Detainees have the right to request immediate access to a lawyer of their choice and the right to refuse to make a statement in the absence of counsel. An indigent defendant charged with a crime has the right to counsel appointed at public expense. As a result of government income requirements, however, many low-income defendants were ineligible for government aid but could not afford counsel during critical stages of criminal proceedings.

Detainees facing possible criminal charges have the right to have their families notified by the prosecutor or the investigator within three hours of arrest; persons charged with administrative offenses have the right to notify family upon request. The public defender’s 2018 report noted improvement in the observance of this right: families were notified within three hours of arrest in 82 percent of cases examined in 2018, compared with 71 percent of cases in 2017. The law requires the case prosecutor to approve requests by persons in pretrial detention to contact their family.

Witnesses have the right to refuse to be interviewed by law enforcement officials for certain criminal offenses. In such instances prosecutors and investigators may petition the court to compel a witness to be interviewed if they have proof that the witness has “necessary information.” The Public Defender’s Office reported that police continued to summon individuals as “witnesses” and later arrested them. According to the defender’s office, police used “involuntary interviews” of subjects, often in police cars or at police stations. The public defender’s annual report for 2019 noted that police regularly failed to advise interviewees of their rights prior to initiating interviews and failed to maintain records of individuals interviewed in police stations or vehicles.

Concerns persisted regarding authorities’ use of administrative detention to detain individuals for up to 15 days without the right to an effective defense, defined standards of proof, and the right to a meaningful appeal.

Arbitrary Arrest: Reports of arbitrary detentions continued. In one example, on October 7, authorities arrested two former members of the government Commission on Delimitation and Demarcation, Iveri Melashvili and Natalia Ilychova. The Prosecutor General’s Office charged them with attempting to violate the country’s territorial integrity during the commission’s work in 2005-07 on the state border with Azerbaijan. On October 8, they were remanded to two months of pretrial detention. Georgian NGOs and political opposition contacts described the “cartographers’ case” as politically motivated, highlighting the timing of the investigation in the pretrial period. Partisan statements by senior ruling party officials linking the case to the elections reinforced these concerns. On November 30, the Tbilisi City Court upheld the pretrial detention sentence, which the defendants’ attorneys said they would appeal. The case occurred during the violent conflict between Azerbaijan and Armenia in Nagorno-Karabakh, increasing tension in the country’s already destabilized border region.

The Public Defender’s Office and local NGOs issued reports describing unsubstantiated detentions of demonstrators in connection with the June 2019 protests (see section 2.b.). For example, in the annual report covering 2019 released in April, the public defender stated the majority of protesters who were arrested were charged with violations of the code of administrative offenses; the public defender described the contents of the violations and arrest reports as “mostly identical and…formulaic.” On June 24, the Human Rights Center reported the court agreed to the pretrial detention of “all accused protesters based on banal, abstract, and often identical solicitations of the prosecutors.”

As of year’s end, the trial of former justice minister Zurab Adeishvili continued in the Tbilisi City Court. In 2016 the Chief Prosecutor’s Office charged Adeishvili in absentia in connection with the alleged illegal detention and kidnapping of a former opposition leader, Koba Davitashvili, in 2007.

There were frequent reports of detentions of Georgians along the administrative boundary lines of both the Russian-occupied regions of Abkhazia and South Ossetia. For example, de facto South Ossetian authorities unlawfully detained Genadi Bestaev in November 2019, Khvicha Mghebrishvili on July 3, and Zaza Gakheladze on July 11. Khvicha Mghebrishvili was released on September 25, but Bestaev and Gakheladze remained in custody as of December 31.

Pretrial Detention: According to Supreme Court statistics, during the first nine months of the year, of 7,507 defendants presented to the court for pretrial detention, trial courts applied pretrial detention in 47.9 percent of cases, compared with 48.3 percent for the same period in 2019.

Detainees Ability to Challenge Lawfulness of Detention before a Court: There is no meaningful judicial review provided by the code of administrative violations for an administrative detention.

Germany

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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, and the government generally observed these requirements.

Between 2017 and 2019, several state parliaments expanded police powers. The new state laws enable police to take preventive action against an “impending danger.” Critics argued that this provision expands police’s surveillance power, which had been reserved for the country’s intelligence services. As of September cases against new laws in Bavaria and Baden-Wuerttemberg were pending at the Federal Constitutional Court, as was a separate case at the Saxony Constitutional Court regarding that state’s law.

While several states required police to wear identity badges, the nongovernmental organization (NGO) Amnesty International Germany criticized the lack of a nationwide requirement to do so.

In February a 29-year-old man was acquitted a third time of charges of resisting police officers, causing bodily harm, and insulting an officer in Cologne. The Cologne District Court judge in the man’s April 2019 second trial dismissed the charges as unfounded and apologized to the defendant. Nonetheless, the public prosecutor filed a second appeal. The officers were themselves placed under investigation in 2019, and those investigations continued in November.

Arrest Procedures and Treatment of Detainees

Authorities must have a warrant issued by a judicial authority to arrest an individual. Police may also arrest individuals they apprehend in the act of committing a crime, or if they have strong reason to suspect the individual intends to commit a crime. The constitution requires authorities to bring a suspect before a judicial officer before the end of the day following the arrest. The judge must inform the suspect of the reasons for his or her detention and provide the suspect with an opportunity to object. The court must then either issue an arrest warrant stating the grounds for continued detention or order the individual’s release. Authorities generally respected these rights.

Although bail exists, judges usually released individuals awaiting trial without requiring bail. Bail is only required in cases where a court determines the suspect poses a flight risk. In such cases authorities may deny bail and hold detainees for the duration of the investigation and subsequent trial, subject to judicial review.

Detainees have the right to consult with an attorney of their choice; the government provides an attorney at public expense if detainees demonstrate financial need. The law entitles a detainee to request access to a lawyer at any time, including prior to any police questioning. Authorities must inform suspects of their right to consult an attorney before questioning begins.

Pretrial Detention: In June the NGO World Prison Brief reported 20.6 percent of prisoners were in pretrial detention. In 2019 the Ministry of Justice reported that the median stay in pretrial detention was between four and six months. The courts credit time spent in pretrial custody toward any eventual sentence. If a court acquits an incarcerated defendant, the government must compensate the defendant for financial losses as well as for “moral prejudice” due to his or her incarceration.

Ghana

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and law provide for protection against arbitrary arrest and detention, but the government frequently disregarded these protections.

Arrest Procedures and Treatment of Detainees

The law requires detainees be brought before a court within 48 hours of arrest in the absence of a judicial warrant, but authorities frequently detained individuals without charge or a valid arrest warrant for periods longer than 48 hours. Officials detained some prisoners for indefinite periods by renewing warrants or simply allowing them to lapse while an investigation took place. The constitution grants a detained individual the right to be informed immediately, in a language the person understands, of the reasons for detention and of his or her right to a lawyer. Most detainees, however, could not afford a lawyer. While the constitution grants the right to legal aid, the government often did not provide it. The government has a Legal Aid Commission that provides defense attorneys to those in need, but it was often unable to do so. Defendants in criminal cases who could not afford a lawyer typically represented themselves. The law requires that any detainee not tried within a “reasonable time,” as determined by the court, must be released either unconditionally or subject to conditions necessary to compel the person’s appearance at a later court date. The definition of “reasonable time,” however, has never been legally determined or challenged in the courts. As a result, officials rarely observed this provision. The government sought to reduce the population of prisoners in pretrial detention by placing paralegals in some prisons to monitor and advise on the cases of pretrial detainees, assist with the drafting of appeals, and by directing judges to visit prisons to review and take action on pretrial detainee cases.

A December 2019 Supreme Court unanimous decision that police could not detain individuals for more than 48 hours without charging them or granting bail had little or no effect on authorities’ behavior.

The law provides for bail, including those accused of serious crimes, but courts often used their unlimited discretion to set bail at prohibitively high levels.

Arbitrary Arrest: There were no specific reports of arbitrary arrests by police, although the general practice of holding detainees without proper warrant or charge continued (see Arrest Procedures and Treatment of Detainees).

Pretrial Detention: Lengthy pretrial detention remained a serious problem. Ghana Prisons Service statistics available in July 2019 indicated 1,848 prisoners, approximately 12 percent of all prisoners, were in pretrial status. The government kept prisoners in extended pretrial detention due to police failure to investigate or follow up on cases, case files lost when police prosecutors rotated to other duties every three years, slow trial proceedings marked by frequent adjournments, detainees’ inability to meet bail conditions that were often set extremely high even for minor offenses, and inadequate legal representation for criminal defendants. The length of pretrial detention exceeded the maximum sentence for the alleged crime in numerous instances.

Inadequate recordkeeping contributed to prisoners being held in egregiously excessive pretrial detention, a few for up to 10 years. Judicial authorities, however, were implementing a case tracking system on a trial basis in seven different regions. The system is designed to track a case from initial arrest to remand custody in the prisons, to prosecution in the courts to incarceration or dismissal. The system is envisioned to be used by all judicial and law enforcement participants, including police, public defenders, prosecutors, courts, prisons, the Legal Aid Commission, the Economic and Organized Crimes Office, and NGOs, with the intention of increasing transparency and accountability. Some commentators believed the tracking system could be used to press for release of remand prisoners held for lengthy periods.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but lack of legal representation for detainees inhibited this right.

Greece

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Both the constitution and the law prohibit arbitrary arrest and detention and give any person the right to challenge the lawfulness of an arrest or detention in court. The government generally observed these requirements. The ombudsman, through the National Preventive Mechanism for the Investigation of Arbitrary Incidents, received 208 complaints in 2019, most of which related to police. The CPT noted that the system for investigating allegations of mistreatment was not effective, as only a few cases resulted in disciplinary sanctions or criminal sentences.

NGOs reported incidents of security forces committing racially and hate-motivated violence. In a July 16 report, the Racist Violence Recording Network (RVRN), a group of NGOs coordinated by the UN High Commissioner for Refugees (UNHCR), and the National Commission for Human Rights reported that law enforcement officials committed or were involved in 11 of the 100 incidents of racist violence recorded in 2019. Victims in these incidents included, among others, refugees, migrants, and asylum seekers, including unaccompanied minors, a same-sex couple, and a transgender woman. The victims alleged inappropriate behavior by law enforcement officials during police checks and operations in public spaces, inside police departments in Athens, and in reception or detention centers. The report included 282 cases of racist violence reported to police in 2019, of which 19 were allegedly committed by police.

NGOs, universities, international organizations, and service academies trained police on safeguarding human rights and combating hate crimes and human trafficking.

Arrest Procedures and Treatment of Detainees

The law prohibits arbitrary arrest and requires judicial warrants for arrests, except during the commission of a crime. The law requires police to bring detainees before a magistrate, who then must issue a detention warrant or order the detainee’s release within 24 hours. Detainees are promptly informed of the charges against them. Pretrial detention may last up to 18 months, depending on the severity of the crime, or up to 30 months in exceptional circumstances. A panel of judges may release detainees pending trial. Individuals are entitled to state compensation if found to have been unlawfully detained. There were no reports that police violated these laws.

Detainees may contact a close relative or third party, consult with a lawyer of their choice, and obtain medical services. Police are required to bring detainees before an examining magistrate within 24 hours of detention, but detainees may be granted additional time to present an adequate defense. The CPT reported complaints from individuals who said they were not allowed while in custody to promptly notify a close relative or a lawyer during the initial period of detention, particularly before or during questioning by police, when the risk of intimidation and mistreatment is greatest. The law typically provides such guarantees only after a person is formally accused of a criminal offense rather than from the outset of custody. Regarding access to a lawyer, the CPT noted that individuals who lacked financial means often met a lawyer only during their bail hearing for bail. The CPT reiterated such findings in its November 19 report.

Rights activists and media reported instances in which foreign detainees had limited access to court-provided interpretation or were unaware of their right to legal assistance. The CPT reported receiving many complaints from foreign detainees that they had not been informed of their rights in a language they understood or had signed documents in Greek without knowing their content and without assistance from an interpreter. The CPT reported these findings in November. Indigent defendants facing felony charges received legal representation from the bar association. NGOs and international organizations provided limited legal aid to detained migrants and asylum seekers. On May 26, parliament amended the law regarding free legal assistance. The new law allows more experienced lawyers to undertake penal cases as part of a free legal assistance program and expands the program during the stages prior to trial.

On April 28, the Greek Helsinki Monitor, as part of its Racist Crime Watch program, filed a report to the police department tasked with combatting racist violence accusing a police officer at a police station in Agia Paraskevi, in Athens, of legal violations against undocumented foreign nationals by using racist language and making insults each time the inmates asked for food or hygiene products while detained for months in the station’s holding cells.

Arbitrary Arrest: The government placed some unaccompanied minors into what it called protective custody at local police stations, due to a lack of other suitable housing. The CPT found during a visit to the Omonia police station in Athens that three unaccompanied minors, including a 14-year-old boy, waiting for a medical screening, were kept under protective custody in a cell with unrelated adult men for between one and five days (see section 1, Prison and Detention Center Conditions, Physical Conditions). On November 18, the Ministry for Migration and Asylum reported that no unaccompanied minors were in protective custody, ending the practice that had been criticized by human rights organizations. All unaccompanied minors are to be housed in suitable long-term and short-term facilities.

Pretrial Detention: Prolonged pretrial detention resulting from overburdened and understaffed courts remained a problem. By law pretrial detention should be authorized only if house arrest with electronic monitoring is deemed insufficient. Judicial authorities may impose limitations on freedom, including bail; require regular appearances at the local police station; and ban a suspect from exiting the country when there are strong indications the defendant is guilty of a crime punishable by at least three months in prison. In the case of final acquittal, the affected individual may seek compensation for time spent in pretrial detention. Compensation procedures, however, were time consuming, and the amounts offered were relatively low–nine to 10 euros ($11.00 to $12.00) per day of imprisonment. Ministry of Justice statistics show that as of January approximately 26 percent of those with pending cases were in pretrial detention.

Guatemala

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits 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. There was no compensation for those ruled unlawfully detained.

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. After arraigning suspects, the prosecutor generally has three months to complete the investigation if the defendant is in pretrial detention and six months to complete the investigation if the defendant is granted house arrest. The law prohibits the execution of 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: As of August 31, the PNC Office of Professional Responsibility had received two complaints of illegal detention by police, compared with 26 in 2019. Reports indicated police ignored writs of habeas corpus in cases of illegal detention, particularly during neighborhood antigang operations.

Pretrial Detention: As of October prison system records indicated 49 percent of prisoners were in pretrial detention, approximately the same percentage as in 2019 despite court closures due to COVID-19. 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 pretrial detention without limits as necessary. Authorities regularly held detainees past their legal trial-or-release date. Lengthy investigations and frequent procedural motions by both defense and prosecution often led to lengthy pretrial detention, delaying trials for months or years. Observers noted the slow pace of investigations and lack of judicial resources hampered efforts to reduce pretrial detention and illegal incarceration. Authorities did not release some prisoners after they completed their full sentences due to the failure of judges to issue the necessary court order or other bureaucratic delays.

Honduras

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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 Inter-American Commission on Human Rights (IACHR) reported that authorities at times failed to enforce these requirements effectively.

Arrest Procedures and Treatment of Detainees

The law provides that police may make arrests only with a warrant unless: they make the arrest during the commission of a crime, there is strong suspicion that a person has committed a crime and might otherwise evade criminal prosecution, they catch a person in possession of evidence related to a crime, or a prosecutor has ordered the arrest after obtaining a warrant. The law requires police to inform persons of the grounds for their arrest and bring detainees before a competent judicial authority within 24 hours. It stipulates that a prosecutor has 24 additional hours to decide if there is probable cause for indictment, whereupon a judge has 24 more hours to decide whether to issue a temporary detention order. Such an order may be effective for up to six days, after which the judge must hold a pretrial hearing to examine whether there is probable cause to continue pretrial detention. The law allows persons charged with some felonies to avail themselves of bail and gives prisoners the right of prompt access to family members. The law allows the release of other suspects pending formal charges, on the condition that they periodically report to authorities, although management of this reporting mechanism was often weak. The government generally respected these provisions. Persons suspected of any of 22 specific felonies must remain in custody, pending the conclusion of judicial proceedings against them. Some judges, however, ruled that such suspects may be released on the condition that they continue to report periodically to authorities. The law grants prisoners the right to prompt access to a lawyer of their choice and, if indigent, to government-provided counsel, although the public defender mechanism was weak, and authorities did not always abide by these requirements.

Arbitrary Arrest: In response to the COVID-19 pandemic, the government instituted a national curfew, suspending constitutional provisions and limiting the free movement of individuals. Peace Brigades International (PBI) reported more than 34,000 persons were detained for violating the curfew. The Human Rights Board condemned some of these arrests as arbitrary under the guise of curfew enforcement. According to the Center for the Investigation and Promotion of Human Rights, on March 24, police arbitrarily detained Evelyn Johana Castillo, sub-coordinator of the Women’s Network of Ojojona and member of the National Network of Defenders of Human Rights. Castillo was returning from the market at 3:30 p.m. when a police officer arrested her for violating the curfew, even though the curfew did not start until 7:00 p.m. Castillo said the arrest was a reprisal for an encounter a few days previously, when Castillo confronted the officer who was attempting to expel a vendor from a park. The Public Ministry reported 15 cases of alleged illegal detention or arbitrary arrest as of November.

Pretrial Detention: Judicial inefficiency, corruption, and insufficient resources delayed proceedings in the criminal justice system, and lengthy pretrial detention was a serious problem. For crimes with minimum sentences of six years’ imprisonment, the law authorizes pretrial detention of up to two years. The prosecution may request an additional six-month extension, but many detainees remained in pretrial detention much longer, including for more time than the maximum period of incarceration for their alleged crime. The law does not authorize pretrial detention for crimes with a maximum sentence of five years or less. The law mandates that authorities release detainees whose cases have not yet come to trial and whose time in pretrial detention already exceeds the maximum prison sentence for their alleged crime. Even so, many prisoners remained in custody after completing their full sentences, and sometimes even after an acquittal, because officials failed to process their releases expeditiously.

Hong Kong

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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. Several claims of arbitrary arrest were made in connection with the protests and alleged National Security Law (NSL) violations.

At the time of its passage, the Hong Kong SAR and the People’s Republic of China (PRC) claimed the NSL was not retroactive.

On July 1, within hours of the NSL’s passage, police detained individuals based on their attire, searched their belongings, and arrested them for violating the NSL if the items in their possession were deemed to be against the PRC or the local government.

On August 10, police arrested 16 more individuals, including Agnes Chow, one of the cofounders of the former opposition party Demosisto, although Chow and the other two cofounders, Nathan Law and Joshua Wong, disbanded Demosisto the day before the NSL became effective. Chow refrained from political activity after the law was passed. She and human rights activist concluded that her arrest meant that the national security forces were retroactively applying the NSL.

During a protest on October 1, Chinese National Day, police reportedly indiscriminately rounded up persons in a popular shopping district, despite having no evidence that those individuals participated in the protest.

The Hong Kong Police Force maintains internal security and reports to the SAR’s security bureau. The People’s Liberation Army is responsible for foreign defense. The immigration department of the security bureau controls passage of persons into and out of the SAR as well as the documentation of local residents. All Hong Kong security services, in theory, ultimately report to the chief executive, but following the implementation of the NSL imposed by Beijing, the SAR established an Office of Safeguarding National Security, a National Security Committee, and a National Security branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government and mainland security personnel are present in some or all of these bodies, the ability of SAR civilian authorities to maintain effective control over the security force was no longer clear.

Multiple sources reported suspected members of the Chinese central government security services in the SAR monitoring political activists, nongovernmental organizations (NGOs), and academics who criticized the Chinese central government’s policies.

Although the Independent Police Complaints Council is supposed to be an independent investigatory body responsible for addressing accusations of police corruption or abuses, activists expressed concern that the chief executive appointed all council members and noted that its lack of power to conduct independent investigations limited its oversight capacity. There was wide public support for the establishment of a commission of inquiry into alleged police abuses in handling the protests. In May the council released its report on the police response to the 2019 protests and claimed that while there was room for improvement, and acknowledging some specific flaws in police operations, such as excessive and indiscriminate use of tear gas, there were no systematic abuses and the police force acted in accordance with the law. The report did not address any specific cases of alleged abuse; the council chose to address police actions “thematically” by looking at major incidents during the period of protest.

Arrest Procedures and Treatment of Detainees

Police generally apprehended suspects openly when they observed suspects committing a crime or with warrants based on sufficient evidence and issued by a duly authorized official. Police must promptly charge arrested suspects. The government respected this right and generally brought arrested persons before a judicial officer within 48 hours. Detainees were generally informed promptly of charges against them. There was a functioning bail system that allowed persons not charged to put up bail to be released from detention pending the filing of charges. Activists argued that the bail system left the arrested in purgatory–not officially charged but with a monthly check-in requirement and no defined period under the law within which the government is required to file charges. During routine check-ins, activists and protesters have been rearrested, often having new charges brought against them.

For example, in August 2019, Joshua Wong was arrested, charged with organizing an illegal assembly, and released on bail. Following his release, during a routine bail check-in held in September, Wong was rearrested and charged for a nearly one-year-old violation of the 2019 antimask emergency regulation. Wong was convicted of the initial charge of organizing an illegal assembly and sentenced to 13.5 months’ imprisonment on December 2.

Democracy activists were increasingly denied bail. In December during a routine bail check-in, media owner and democracy activist Jimmy Lai was arrested on fraud charges related to the use of office space and denied bail. Legal scholars noted bail denial is unusual in civil suits; Lai was subsequently charged on December 11 under the NSL. The NSL sets a higher standard for bail than do other laws, and in one case, activists alleged that this higher standard violated the presumption of innocence. The court, however, found that the defendant in that case would have been denied bail even under the pre-existing standards of Hong Kong law.

Authorities allowed detainees access to a lawyer of their choice, although the Hong Kong Bar Association reported that lawyers experienced obstruction at police stations and delays in seeing clients arrested during protests. Suspects were not detained incommunicado or held under house arrest. Interviews of suspects are required to be videotaped.

Hungary

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 and provide 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

Police are obligated to take into “short-term arrest” individuals apprehended while committing a crime or subject to an arrest warrant. Police may take individuals suspected of a crime or a petty offense into short-term arrest if they are unable or unwilling to identify themselves or are unaccompanied minors suspected of having run away. Short-term arrests generally last up to eight hours but may last up to 12 hours in exceptional cases. Police may hold persons under “detention for the purposes of public safety” for 24 hours. Persons who abscond from probation may be detained for up to 72 hours. Police, a prosecutor, or a judge may order detention of suspects for 72 hours if there is a well founded suspicion of an offense punishable by imprisonment. A pretrial detention motion must be filed with a court prior to the lapse of the 72-hour period. A defendant may appeal a pretrial detention order.

Police must inform suspects of the charges against them at the beginning of their first interrogation, which must occur within 24 hours of detention. Authorities generally respected this right.

There is a functioning bail system. Representation by defense counsel is mandatory in the investigative phase if suspects face a charge punishable by more than five years’ imprisonment; their personal liberty is already restricted; they are deaf, blind, unable to speak, or have a mental disability; they are unfamiliar with the Hungarian language or the language of the procedure; they are unable to defend themselves in person for any reason; they are juveniles; or they are indigent and request appointment of a defense counsel. The court, prosecution, or the investigating authority (police) may also order a defense counsel in certain cases. Since 2018 local bar chambers, rather than the authorities, assign legal counsel to defendants who lack legal representation.

Police must inform suspects of their right to counsel before questioning them. The law requires that police or the prosecutor suspend interrogation and wait for up to two hours for an attorney to arrive if the suspect invokes this right. Some attorneys reported the right to an effective defense was violated in several cases. For example, in some instances detainees and their defense counsels were required to meet where government security cameras could monitor them. If bar chamber-appointed attorneys refuse the case or do not respond within one hour of appointment, authorities assign the defense counsel. The Hungarian Helsinki Committee found that appointed attorneys frequently neglected their work, with only 16 percent attending their clients’ first court hearings, in contrast with 63 percent of retained attorneys. According to statistics cited in the Hungarian Helsinki Committee’s report on the practice of assigning defense attorneys, authorities assigned at least a third of defendants’ attorneys. The law permits short-term detainees to notify relatives or others of their detention within eight hours unless the notification would jeopardize the investigation. Investigative authorities must notify relatives of a detainee’s short-term detention and its location within eight hours.

Pretrial Detention: An investigatory judge may order pretrial detention where there is a risk a detainee may flee, commit a new offense, or hinder an investigation. Cases involving pretrial detention take priority over other expedited hearings. A detainee may appeal pretrial detention.

When the criminal offense is punishable by life in prison, the law does not limit the duration of pretrial detention. The presence of defense counsel at hearings related to pretrial detention is not mandatory.

Iceland

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 and provide 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

Police may make arrests when they believe a prosecutable offense has been committed, when they see a need to prevent further offenses or destruction of evidence, when they need to protect a suspect, or when a person refuses to obey police orders to move. The law explicitly requires warrants only for arresting individuals who fail to appear at court for a hearing or a trial or at a prison to serve a sentence.

Authorities must promptly inform a person under arrest of their rights and bring them before a judge within 24 hours of arrest, and authorities respected this right. There is no functioning bail system. A judge determines whether a suspect must remain in custody during an investigation. The judge may grant conditional release, subject to assurances that the accused will appear for trial. Upon arrival at a police station, the law entitles detainees to legal counsel, which the government provides for the indigent. There were no reports that authorities held suspects incommunicado or under house arrest.

India

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both occurred during the year. Police also used special security laws to postpone judicial reviews of arrests. Pretrial detention was arbitrary and lengthy, sometimes exceeding the duration of the sentence given to those convicted.

According to human rights NGOs, police used torture, mistreatment, and arbitrary detention to obtain forced or false confessions. In some cases police reportedly held suspects without registering their arrests and denied detainees sufficient food and water.

Following the central government’s August 2019 abrogation of a special constitutional provision that provided autonomous status for Jammu and Kashmir, authorities used a public safety law to detain local politicians without trial. Most detainees were released during the year. Media reports indicated those released were required to sign bonds agreeing not to engage in political activity.

In December 2019 Mohammed Faisal, a member of the National Confederation of Human Rights Organizations, was assaulted by Uttar Pradesh police and spent 14 days in jail. The Muslim lawyer attended protests against the Citizenship Amendment Act (CAA) to offer emergency legal and other support services. NGO activists in Uttar Pradesh alleged instances of persecution of human rights lawyers for defending their clients and challenging unlawful conduct.

Arrest Procedures and Treatment of Detainees

In cases other than those involving security risks, terrorism, or insurgency, police may detain an individual without charge for up to 30 days, although an arrested person must be brought before a judge within 24 hours of arrest. Lengthy arbitrary detention remained a significant problem due to overburdened and underresourced court systems and a lack of legal safeguards.

Arraignment of detainees must occur within 24 hours unless authorities hold the suspect under a preventive detention law. The law allows police to summon individuals for questioning, but it does not grant police prearrest investigative detention authority. There were incidents in which authorities allegedly detained suspects beyond legal limits. By law authorities must allow family member access to detainees, but this was not always observed.

Due to delays in completion of repatriation procedures, foreign nationals often remained incarcerated beyond the expiration of their sentences. The PSI 2019 revealed there were 765 prisoners belonging to the “other” category. According to experts these were most likely prisoners who completed their sentence but were yet to be released. This included approximately 250 Rohingya arrested for illegal entry, of whom 150 had reportedly completed their sentences. The government reportedly impeded access of the Office of the UN High Commissioner for Refugees (UNHCR) to these individuals, which prevented adjudication of their asylum claims. Right-to-information requests from 26 states indicated there were approximately 3,900 foreign nationals in prisons across the country. Of these, 1,647 were undergoing trials, 1,377 were convicts, and 871 were awaiting repatriation.

In August, Monu died after allegedly being tortured in police custody in Uttar Pradesh’s Rae Bareli district. Media reports said he was detained along with four others for theft of a motorcycle. The district police chief (DPC) admitted that Monu was illegally detained for more than two days without being produced before a magistrate. The DPC subsequently suspended the head of the police station.

The law requires every arrested person to be produced before a judicial magistrate within 24 hours of arrest. Other than in Jammu and Kashmir, the National Security Act allows police to detain persons considered security risks without charge or trial for as long as one year. The law allows family members and lawyers to visit national security detainees and requires authorities to inform a detainee of the grounds for detention within five days, or 10 to 15 days in exceptional circumstances. Nonetheless, rights activists noted provisions allowing detainees to meet family or lawyers were not followed in practice, especially in the states of Odisha, Manipur, Andhra Pradesh, and Maharashtra.

The Public Safety Act (PSA), which applies only in Jammu and Kashmir, permits authorities to detain persons without charge or judicial review for up to two years without visitation from family members. After extending her detention by three months during the year, authorities released former chief minister of Jammu and Kashmir Mehbooba Mufti, who had been detained under the PSA. According to the JKCCS, 662 individuals were arrested under the PSA in 2019, of whom 412 remained under detention as of August. The government released most political activists from detention, although several Kashmiri politicians were reportedly detained in the period prior to the district development council elections in December.

Authorities in Jammu and Kashmir allowed detainees access to a lawyer during interrogation, but human rights groups documented that police routinely employed arbitrary detention and denied detainees further access to lawyers and medical attention.

Authorities must promptly inform persons detained on criminal charges of the charges against them and of their right to legal counsel. By law a magistrate may authorize the detention of an accused person for a period of no more than 90 days prior to filing charges. Under standard criminal procedure, authorities must release the accused on bail after 90 days if charges are not filed. NCRB data released in January showed most individuals awaiting trial spent more than three months in jail before they could secure bail, and more than 63 percent spent between three months and five years before being released on bail.

The law also permits authorities to hold a detainee in judicial custody without charge for up to 180 days (including the 30 days in police custody). The Unlawful Activities Prevention Act (UAPA), which gives authorities the ability to detain persons for up to 180 days without charge in cases related to insurgency or terrorism, makes no bail provisions for foreign nationals, and allows courts to deny bail in the case of detained citizens. The UAPA presumes the accused to be guilty if the prosecution can produce evidence of the possession of firearms or explosives or the presence of fingerprints at a crime scene, regardless of whether authorities demonstrate criminal intent. State governments also reportedly held persons without bail for extended periods before filing formal charges under the UAPA. The 2018 PSI report released in January revealed that 5,102 UAPA cases were pending investigation and trial.

In August 2019 parliament passed an amendment to the UAPA that allows the government to designate individuals as terrorists and provides new authorities to the National Investigation Agency (NIA) to seize properties acquired from proceeds of terrorism. According to the Center for Law and Policy Research, the number of cases filed under the UAPA rose from 976 cases in 2014 to 1,182 cases in 2018. States and union territories with insurgent activity, including Manipur and Jammu and Kashmir, also saw an increase in the application of the UAPA. On April 10, authorities arrested pregnant student leader Safoora Zargar under the UAPA for allegedly conspiring to incite the Delhi riots. The Delhi High Court released her on June 23 after the central government did not object to her release. On September 13, former Jawaharlal Nehru University (JNU) student leader Umar Khalid was arrested under the UAPA for making a speech during anti-CAA protests.

The CAA along with a plan to implement a nationwide counting of residents (the National Population Register) triggered widespread protests in several parts of the country in December 2019 and January, especially because of rumors of the government’s interest to subsequently conduct a National Register of Citizens nationwide to count citizens, similar to the process in Assam. According to media reports, student-led protests occurred in at least 29 major universities and colleges. The government undertook a large security response, including at three major universities: Jamia Millia Islamia, Aligarh Muslim University, and JNU.

In December 2019 police forcefully entered the Jamia Millia Islamia campus and beat protesters, including students and teachers. They also used tear gas and rubber bullets. On January 5, masked individuals beat teachers and students in JNU. Civil society activists stated that legitimate and peaceful protests were being portrayed as terrorist activities. Activists also alleged Delhi police selectively pursued cases against Muslims and anti-CAA protesters in the months after the riots.

Arbitrary Arrest: The law prohibits arbitrary arrest or detention, but in some cases police reportedly continued to arrest citizens arbitrarily. There were reports of police detaining individuals for custodial interrogation without identifying themselves or providing arrest warrants.

Pretrial Detention: NCRB data reported 330,487 prisoners were awaiting trial at the end of 2019, comprising 69 percent of the country’s prison population. Media reported the high numbers of pretrial detainees contributed to prison overcrowding.

The government continued efforts to reduce lengthy detentions and alleviate prison overcrowding by using “fast track” courts, which specified trial deadlines, provided directions for case management, and encouraged the use of bail. In December 2019 the Ministry of Law and Justice released the Scheme on Fast Track Special Courts for Expeditious Disposal of Cases of Rape and Protection of Children against Sexual Offences (POCSO) Act. The act aims to set up 1,023 fast track courts across the country to dispose of the 166,882 rape and POSCO Act cases that were pending trial in various courts. Some NGOs criticized these courts for failing to uphold due process and requiring detainees unable to afford bail to remain in detention.

Indonesia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, but there were notable exceptions.

Arrest Procedures and Treatment of Detainees

Security forces must produce warrants during an arrest. Exceptions apply, for example, if a suspect is caught in the act of committing a crime. The law allows investigators to issue warrants, but at times authorities, especially police Criminal Investigation Department, made questionable arrests without warrants. By law suspects or defendants have the rights to contact family promptly after arrest and to legal counsel of their choice at every stage of an investigation. Court officials are supposed to provide free legal counsel to persons charged with offenses that carry the death penalty or imprisonment for 15 years or more, and to destitute defendants facing charges that carry a penalty of imprisonment for five years or more. Such legal resources were limited, however, and free counsel was seldom provided. Lack of legal resources has been particularly problematic for persons involved in land disputes. Local government officials and large landowners involved in land grabs reportedly turned to accusing community activists of crimes, hoping the community’s lack of legal and financial resources and resulting detentions would hamper efforts to oppose the land grab.

Arbitrary Arrest: There were reports of arbitrary arrest by police, primarily by the Criminal Investigation Department. There were multiple media and NGO reports of police temporarily detaining persons for participating in peaceful demonstrations and other nonviolent activities advocating self-determination, notably in Papua and West Papua (see section 2.b.). The majority were released within 24 hours.

In one case police detained 10 students of Khairun University for participating in a Papua Independence Day protest in Ternate in December 2019.

Pretrial Detention: The legal length of pretrial detention depends on factors such as whether the suspect is a flight risk or a danger or is charged with certain crimes. Terrorism suspects are governed by special rules.

Iraq

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and laws prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Despite such protections, there were numerous reports of arbitrary arrests and detentions, predominantly of Sunni Arabs, including internally displaced persons (IDPs). In July security forces arrested 20 Sunni alleged suspects after an ISF brigadier general was killed during an ISIS attack in Tarmiya. The detainees were not involved in the attack, had no reported affiliation with ISIS, and were released only after the prime minister’s direct intervention.

In September, ISF units arrested prominent activist Dhurgham Majid and 40 other protesters in al-Hillah, Babil Province, and detained them until the following day without providing a reason for their detention.

KRG security forces detained at least 50 protesters, activists, and journalists in late August in the towns of Zakho and Duhok. Many observers called the detentions arbitrary, either because persons were detained for exercising their right to peaceful assembly, or because authorities ignored their right under law to be brought before a judge within 24 hours.

Arrest Procedures and Treatment of Detainees

The law prohibits the arrest or remand of individuals, except by order of a competent judge or court or as established by the code of criminal procedures. The law requires authorities to register the detainee’s name, place of detention, reason for detention, and legal basis for arrest within 24 hours of the detention–a period that may be extended to a maximum of 72 hours in most cases. For offenses punishable by death, authorities may legally detain the defendant as long as necessary to complete the judicial process. The Ministry of Justice is responsible for updating and managing these registers. The law requires the Ministries of Defense and Interior and the NSS to establish guidelines for commanders in battlefield situations to register detainees’ details in this central register. The law also prohibits any entity, other than legally competent authorities, to detain any person.

Human rights organizations reported that government forces, including the ISF (including the Federal Police), NSS, PMF, Peshmerga, and Asayish, frequently ignored the law. Local media and human rights groups reported that authorities arrested suspects in security sweeps without warrants, particularly under the antiterrorism law, and frequently held such detainees for prolonged periods without charge or registration. The government periodically released detainees, usually after concluding that it lacked sufficient evidence for the courts to convict them, but many others remained in detention pending review of other outstanding charges.

In May, Amnesty International reported that armed members of the KRG’s Asayish entered the home of teacher and activist Badal Abdulbaqi Abu Bakr in the town of Duhok and arrested him without a warrant. Bakr was later charged with “misuse of electronic devices” for his role in organizing peaceful protests through social media platforms.

The law allows release on bond for criminal (but not security) detainees. Authorities rarely released detainees on bail. The law provides for judges to appoint free counsel for the indigent. Attorneys appointed to represent detainees frequently complained that insufficient access to their clients hampered adequate attorney/client consultation. In many cases detainees were not able to meet their attorneys until their scheduled trial date.

Government forces held many terrorism-related suspects incommunicado without an arrest warrant and transported detainees to undisclosed detention facilities (see section 1.b.).

Arbitrary Arrest: There were numerous reports of arbitrary arrest or unlawful detention by government forces, including the ISF (including the Federal Police), NSS, PMF, Peshmerga, and Asayish. There were no reliable statistics available regarding the total number of such acts or the length of detentions. Authorities often failed to notify family members of the arrest or location of detention, resulting in incommunicado detention if not enforced disappearance (see section 1.b.). Humanitarian organizations also reported that, in many instances, federal authorities did not inform detainees of the reasons for their detention or the charges against them. Many reports of arbitrary or unlawful detention involved suspected members or supporters of ISIS and their associates and family members.

There were reports of Iran-aligned PMF groups also arbitrarily or unlawfully detaining Kurds, Turkmen, Christians, and other minorities in western Ninewa and the Ninewa Plain. There were numerous reports of 30th and 50th PMF Brigades involvement in extortion, illegal arrests, kidnappings, and detention of individuals without warrants. In July credible law-enforcement information indicated that the 30th PMF Brigade operated secret prisons in several locations in Ninewa Province, which housed 1,000 detainees arrested on sectarian-based, false pretenses. Leaders of the 30th PMF Brigade allegedly forced families of the detainees to pay large sums of money in exchange for the release of their relatives.

In October, Iraqi security forces in Basrah arbitrarily detained without warrant eight human rights defenders, including human rights defender Hussam al-Khamisy, according to witnesses who spoke to the NGO Gulf Center for Human Rights and local rights groups. The eight were held for six hours and released only after being forced to sign a document, which they were not allowed to read.

Pretrial Detention: The Ministries of Justice, Defense, Interior, and Labor and Social Affairs are authorized by law to hold pretrial detainees, as is the NSS in limited circumstances, for a brief period. Lengthy pretrial detentions without due process or judicial review were a systemic problem, particularly for those accused of having ties to ISIS. There were no independently verified statistics, however, concerning the number of pretrial detainees in central government facilities, the approximate percentage of the prison and detainee population in pretrial detention, or the average length of time held.

The lack of judicial review resulted from several factors, including the large number of detainees, undocumented detentions, slow processing of criminal investigations, an insufficient number of judges and trained judicial personnel, authorities’ inability or reluctance to use bail or other conditions of release, lack of information sharing, bribery, and corruption. Overcrowding of pretrial detainees remained a problem in many detention centers.

Lengthy pretrial detentions were particularly common in areas liberated from ISIS, where the large number of ISIS-related detainees and use of makeshift facilities led to significant overcrowding and inadequate services. There were reports of detention beyond judicial release dates and unlawful releases.

According to the IHCHR, 448 non-Iraqi women and 547 children were in Ministry of Justice custody as of September. Of the 547 children, 222 were placed with their mothers, while 80 were sent to the juvenile correctional department and 32 were sent to state shelters (orphanages).

Authorities reportedly held numerous detainees without trial for months or years after arrest, particularly those detained under the antiterrorism law. Authorities sometimes held detainees incommunicado, without access to defense counsel, presentation before a judge, or arraignment on formal charges within the legally mandated period. Authorities reportedly detained spouses and other family members of fugitives–mostly Sunni Arabs wanted on terrorism charges–to compel their surrender.

KRG authorities also reportedly held detainees for extensive periods in pretrial detention; however, no data was available regarding the approximate percentages of prison and detainee population in pretrial detention and the average length of time held.

KRG officials noted prosecutors and defense attorneys frequently encountered obstacles in carrying out their work and trials were unnecessarily delayed for administrative reasons. COVID-19 preventive measures and closures presented additional obstacles to the resolution of judicial proceedings during 2020.

According to the IHRCKR, some detainees remained in KRG internal security service facilities for extended periods even after court orders were issued for their release. The IHRCKR reported that other detainees remained in detention centers longer than required due to lack of implementation of parole and closure of courts due to COVID-19 restrictive measures. Lawyers provided by an international NGO continued to have access to and provide representation to any juvenile without a court-appointed attorney.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The constitution and law grant detainees the right to a prompt judicial determination on the legality of their detention and the right to prompt release. Despite the 2016 law concerning rights of detainees, NGOs widely reported that detainees had limited ability to challenge the lawfulness of detention before a court and that a bribe was often necessary to have charges dropped unlawfully or gain release from arbitrary detention. While a constitutional right, the law does not allow for compensation for a person found to have been unlawfully detained. In July an Iraqi NGO documented 10 cases of detainees forced to pay bribes to gain release from detention and cited stories of family members blackmailed by security officers who accepted bribes without releasing the detainees. The report quoted an IHCHR member who said that at least half of these detainees had been incarcerated for periods ranging from six months to two years without having their cases settled.

Ireland

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

An arrest typically requires a warrant issued by a judge, except in situations necessitating immediate action for the protection of the public. The law provides the right to a prompt judicial determination of the legality of a detention, and authorities respected this right. Authorities must inform detainees promptly of the charges against them and, with few exceptions, may not hold them longer than 24 hours without charge. For crimes involving firearms, explosives, or membership in an unlawful organization, a judge may extend detention for an additional 24 hours upon a police superintendent’s request. The law permits detention without charge for up to seven days in cases involving suspicion of drug trafficking, although police must obtain a judge’s approval to hold such a suspect longer than 48 hours. The law requires authorities to bring a detainee before a district court judge “as soon as possible” to determine bail status pending a hearing. A court may refuse bail to a person charged with a crime carrying a penalty of five years’ imprisonment or longer or when a judge deems continued detention necessary to prevent the commission of another offense.

The law permits detainees, upon arrest, to have access to attorneys. The court appoints an attorney at public expense if a detainee does not have one. The law allows detainees prompt access to family members.

Israel, West Bank and Gaza

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, and the government generally observed these requirements. Authorities applied the same laws to all residents of Jerusalem, regardless of their citizenship status. NGOs and Palestinian residents of East Jerusalem alleged that security forces disproportionally devoted enforcement actions to Palestinian neighborhoods, particularly Issawiya, with temporary checkpoints and raids at higher levels than in West Jerusalem. Palestinians also criticized police for devoting fewer resources on a per capita basis to regular crime and community policing in Palestinian neighborhoods. Police did not maintain a permanent presence in areas of Jerusalem outside the barrier and only entered to conduct raids, according to NGOs. Palestinian residents of the West Bank and Gaza detained on security grounds fell under military jurisdiction, even if detained inside Israel (see West Bank and Gaza section).

The law allows the government to detain irregular migrants and asylum seekers who arrived after 2014 from countries to which government policy prohibits deportation, mainly Eritrea and Sudan, for three months “for the purpose of identification and to explore options for relocation of the individual.” The law also states authorities must provide for irregular migrants taken into detention to have a hearing within five days. After three months in detention, authorities must release the migrant on bail, except when the migrant poses a risk to the state or the public, or when there is difficulty in identity verification.

The government may detain without trial and for an indefinite period irregular migrants who were “implicated in criminal proceedings.” According to the NGO Hotline for Refugees and Migrants (HRM), this policy enabled indefinite detention either without a trial or following the completion of time served. According to HRM, during the year the government released 20 irregular migrants, detained under the criminal procedure, due to COVID-19 regulations seeking to reduce overcrowding in prisons. In 2017 the Supreme Court ruled that the legality of this policy required additional review, but it had not issued any guidance by year’s end.

Arrest Procedures and Treatment of Detainees

Police must have a warrant based on sufficient evidence and issued by an authorized official to arrest a suspect. The following applies to detainees, excluding those in administrative detention. Authorities generally informed such persons promptly of charges against them; the law allows authorities to detain suspects without charge for 24 hours prior to appearing before a judge, with limited exceptions allowing for up to 48 hours; authorities generally respected these rights for persons arrested in the country; there was a functioning bail system, and detainees could appeal decisions denying bail; and authorities allowed detainees to consult with an attorney in a timely manner, including one provided by the government for the indigent, and to contact family members promptly.

Authorities detained most Palestinian prisoners within Israel. Authorities prosecuted under Israeli military law Palestinians held in Israel who were not citizens, a practice the government has applied since 1967. The government has asserted in domestic court proceedings that this practice is consistent with international obligations related to occupation. Some human rights groups, including Military Court Watch, claim that Israel’s detention of the majority of convicted Palestinians from the West Bank or Gaza in prisons inside Israel is a violation of the Fourth Geneva Convention. According to the circumstances of each case, such as the severity of the alleged offense, status as a minor, risk of escape, or other factors, authorities either granted or denied bail to noncitizens of Palestinian origin detained for security violations.

Authorities may prosecute persons detained on security grounds criminally or hold them as administrative detainees or illegal combatants, according to one of three legal regimes.

First, under a temporary law on criminal procedures, repeatedly renewed since 2006, the IPS may hold persons suspected of a security offense for 48 hours prior to bringing them before a judge, with limited exceptions allowing the IPS to detain a suspect for up to 96 hours prior to bringing the suspect before the senior judge of a district court. In security-related cases, authorities may hold a person for up to 35 days without an indictment (versus 30 days for nonsecurity cases). The law allows the court to extend detentions on security grounds for an initial period of up to 20 days for interrogation without an indictment (versus 15 days for nonsecurity cases). Authorities may deny security detainees access to an attorney for up to 21 days under civilian procedures.

Second, the Emergency Powers Law allows the Ministry of Defense to detain persons administratively without charge for up to six months, renewable indefinitely.

Third, the Illegal Combatant Law permits authorities to hold a detainee for 14 days before review by a district court judge, deny access to counsel for up to 21 days with the attorney general’s approval, and allow indefinite detention, subject to semiannual district court reviews and appeals to the Supreme Court.

The government stated it used separate detention only when a detainee threatened himself or others and authorities had exhausted other options–or in some cases during interrogation, to prevent disclosure of information. In such cases authorities maintained the detainee had the right to meet with International Committee of the Red Cross representatives, IPS personnel, and medical personnel, if necessary. According to the government, the IPS did not hold Palestinian detainees in separate detention punitively or to induce confessions. NGOs including Military Court Watch, the NGO HaMoked, and B’Tselem accused authorities of using isolation to punish or silence politically prominent Palestinian detainees.

The Public Defender’s Office reported in 2019 that prisoners with mental disabilities were often held in conditions that may worsen their mental health. Palestinian sources reported the IPS placed in isolation, without a full medical evaluation, Palestinian detainees with mental disabilities or who were a threat to themselves or others. According to the PHRI, isolation of Palestinian prisoners with mental disabilities was common.

Arbitrary Arrest: There were allegations that authorities arbitrarily arrested Israeli citizens and Palestinians who participated in protests. For example, on October 3, police arrested 35 protesters in demonstrations in Tel Aviv against the government. Many of the arrests, according to protest groups, were carried out in an arbitrary manner. Police stated grounds for the arrests included violation of COVID-19 emergency regulations regarding protests, which required social distancing, remaining within a one-half mile radius of one’s home, and wearing personal protective equipment (see section 2.b.).

In 2018 President Rivlin and then justice minister Ayelet Shaked invited Ethiopian-Israelis whom authorities had previously charged with minor offenses, such as insulting or obstructing a public servant, or participating in prohibited assemblies, to apply for their criminal records to be deleted if they were not imprisoned due to their offenses. According to the Ministry of Justice, since 2018, 115 requests were submitted to remove criminal records, 35 met the minimum requirements, 23 were granted, and eight were being processed at the end of the year.

Pretrial Detention: Administrative detention continued to result in lengthy pretrial detention for security detainees (see above).

Italy

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

To detain an individual, police must have a warrant issued by a public prosecutor, unless a perpetrator is caught in the act or there is a specific and immediate danger to which a police officer is responding. The law requires authorities to inform a detainee of the reason for arrest. If authorities detain a person without a warrant, an examining prosecutor must decide within 24 hours of detention whether there is enough evidence to validate the arrest. An investigating judge then has 48 hours to affirm the arrest and recommend prosecution. In cases of alleged terrorist activity, authorities may hold suspects up to 48 hours before bringing the case to a magistrate. These rights and processes generally were respected.

There is no provision for bail, but judges may grant detainees provisional liberty while awaiting trial. The government provides a lawyer at its expense to indigent persons. The law requires authorities to allow a detainee to see an attorney within 24 hours of his or her arrest, or within 48 hours for cases of suspected terrorist activities. Access to an attorney can take up to five days under exceptional circumstances if the investigating judge needs to interrogate the accused concerning organized crime, or if the judge foresees a risk the attorney may attempt to tamper with the evidence.

Pretrial Detention: Pretrial detention that exceeded the legal time limit of two to six years and trial delays caused problems. Authorities normally adhered to the maximum term for pretrial detention; in no case did it equal or exceed the maximum sentence for the alleged crime. According to independent analysts and magistrates, the large number of drug and immigration cases awaiting trial, the lack of judicial remedies, the high number of foreign detainees, and insufficient digitalization of trial records resulted in delays. In some cases detainees could not be placed under house arrest, because they had no legal residence or because there was a shortage of resources, including officers, judges, and administrative staff.

Jamaica

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention but allows arrest if there is “reasonable suspicion of [a person] having committed or…about to commit a criminal offense.” The law provides for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements. Abuses arose, however, because police regularly ignored the “reasonable suspicion” requirement, arraignment procedures were very slow, and large portions of the country operated under a public state of emergency (SOE) for most of the year.

The country suffered from high levels of homicide, crime, and violence. The declaration of an SOE grants the police and military the ability to search, seize, and arrest citizens without a warrant. The prime minister may declare an SOE for 14 days or less; extensions require parliamentary approval. Additionally, the government may identify zones of special operations (ZOSOs), which confer to security forces the same authorities as in SOEs, albeit within much smaller physical boundaries. During the year the prime minister declared or extended eight such zones, although all were allowed to expire in time for national elections. (The government views SOEs and ZOSOs as necessary to reduce crime and violence in areas with high crime and violence.) Combined, these areas included more than 50 percent of the population. Arbitrary and lengthy detentions took place in ZOSOs and SOEs. High detention rates continued to be a concern. Extremely few of these arrests resulted in charges.

Arrest Procedures and Treatment of Detainees

Police officers may arrest without a warrant when a felony, treason, or breach of the peace is committed or attempted in the officer’s presence. Following an arrest, the officer is required to tell the suspect in clear language the offense(s) for which the individual was arrested. An officer may execute a warrant that is lawfully issued by a judge or justice of the peace without being in possession of the warrant. The officer must produce the warrant as soon as practical after the arrest if the suspect requests it. The decision to charge or release must be made within 48 hours, although a judge or justice of the peace may extend the period of custody.

Security forces did not always follow these official procedures. According to government officials and civil society, the public perception was that police could make arrests regardless of judicial authorization.

There were reports of arrests and prolonged periods of detention in which police did not inform the suspect of the official charges. There were multiple reports that detainees did not have access to legal counsel and that apprehended suspects could not notify family members. NGOs estimated that 90 percent of all arrests occurred without a warrant. Every person charged with an offense was entitled to consideration for bail, although those charged with murder, treason, or other crimes punishable by imprisonment could be denied bail on “substantial grounds” of belief that they would fail to surrender to authorities or would commit another offense while on bail. A police officer could simultaneously arrest and deny bail. The procedure lent itself to low-level corruption in which a police constable would accept bribes in lieu of an arrest.

Arbitrary Arrest: Most cases of arbitrary detention were in the parishes of St. James and St. Catherine. The government declared an SOE in these areas because of high levels of criminal and gang violence. The government deployed the military there to support local law enforcement authorities. Under these orders security forces carried out a wide-ranging campaign of detention and incarceration in an attempt to contain violence. There were few official investigations or prosecutions of security force members involved in arbitrary arrests.

Pretrial Detention: Lockups are intended for short-term detentions of 48 hours or less, but often the government held suspects in these facilities without charge or awaiting trial for much longer periods. A lack of administrative follow-through after an arrest created situations where persons were incarcerated without any accompanying paperwork. In some cases, days, weeks, months, or years later, authorities could not ascertain why someone was arrested. NGOs estimated hundreds of detainees endured such treatment between 2018 and the end of the year, including the particularly egregious case of Gavin Noble, who was held at the Negril police station for 458 days without trial before the Supreme Court declared his detention unconstitutional in a September ruling.

Japan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention. Police officers may stop and question any person who is suspected to have committed or is about to commit a crime, or to possess information on a crime. Civil society organizations continued to urge police to end ethnic profiling and unjustified surveillance of foreigners.

In May police officers of the Shibuya Ward Police Station in Tokyo questioned a Kurdish man with alleged use of force on a street in Shibuya. The man filed a criminal charge with the Tokyo District Court against two Shibuya police station officers for the injury caused by their alleged assault. The Kurdish man also posted online a video clip showing him being questioned by police, which was filmed by another person who was present. The clip contributed to a protest by some 500 persons against national origin and racial discrimination by Shibuya police in early June. In late June, the Kurdish man filed a civil suit with the Tokyo District Court seeking government compensation from the Tokyo Metropolitan Government and the Tokyo Metropolitan Police Department for mental suffering caused by the violent police questioning.

Arrest Procedures and Treatment of Detainees

Authorities apprehended persons openly with warrants based on evidence and issued by a duly authorized official and brought detainees before an independent judiciary. In urgent cases when there is sufficient basis to suspect that suspects committed specific crimes, including a crime punishable by death, the law allows police to arrest the suspects without obtaining warrants beforehand and requires police to seek to obtain warrants immediately after arrest.

The law allows suspects, their families, or representatives to request that the court release an indicted detainee on bail. Bail is not available prior to indictment. NGOs and legal experts stated bail was very difficult to obtain without a confession. Authorities tended to restrict access to defense counsel for detainees who did not confess. Other elements of the arrest and pretrial detention practices (see below) also tended to encourage confessions. The Public Prosecutors Office reported that in 2019 approximately 67 percent of all criminal suspects who were referred to prosecutors by police did not face indictment. Prosecutors indicted the remaining approximately 33 percent were convicted. The Justice Ministry reported in January that prosecutors indicted suspects only when convictions were highly likely. In most of these cases, the suspects had confessed.

Suspects in pretrial detention are legally required to face interrogation. Police guidelines limit interrogations to a maximum of eight hours a day and prohibit overnight interrogations. Pre-indictment detainees have access to counsel, including at least one consultation with a court-appointed attorney, if required; counsel, however, is not allowed to be present during interrogations.

The law allows police to prohibit suspects from meeting with persons other than counsel (and a consular officer in the case of foreign detainees) if there is probable cause to believe that the suspect may flee or conceal or destroy evidence (see “Pretrial Detention” below). Many suspects, including most charged with drug offenses, were subject to this restriction before indictment, although some were permitted visits from family members in the presence of a detention officer. There is no legal connection between the type of offense and the length of time authorities may deny a suspect visits by family or others. Those held for organized crime or on charges involving other criminals, however, tended to be denied such visits because prosecutors worried that communications with family or others could interfere with investigations.

Police and prosecutors must record the entire interrogation process in cases involving crimes punishable by death or imprisonment for an indefinite period, or punishable by imprisonment for one year or more and in which a victim has died because of an intentional criminal act, or that follow investigations and arrests begun by prosecutors. In such cases, a suspect’s statements to police and prosecutors during an interrogation are in principle inadmissible without a recording. According to legal experts, this is intended to prevent forced confessions and false charges. Police are also required to make best efforts to record the interrogation process when suspects have a mental disability. The Japan Federation of Bar Associations acknowledged the positive effects of these recording practices but noted that interrogations are video recorded in only 3 percent of the country’s criminal cases. Legal experts therefore continued to express concerns about forced confessions, especially in cases involving white-collar crimes.

Pretrial Detention: Authorities routinely held suspects in police-operated detention centers for an initial 72 hours prior to indictment although, by law, such detention is allowed only when there is probable cause to suspect that a person has committed a crime and is likely to conceal or destroy evidence or flee. After interviewing a suspect at the end of the initial 72-hour period, a judge may extend pre-indictment custody for up to two consecutive 10-day periods. Prosecutors routinely sought and received such extensions. Prosecutors may also apply for an additional five-day extension in exceptional cases, such as insurrection, foreign aggression, or violent public assembly.

NGOs and legal experts reported the practice of detaining suspects in pre-indictment detention or daiyou kangoku (substitute prison) continued. Because judges customarily granted prosecutors’ requests for extensions, pre-indictment detention usually lasts for 23 days for nearly all suspects, including foreigners. Moreover, the 23-day detention period may be applied on a per charge basis, so individuals facing multiple charges may be held far longer. NGOs and foreign observers continued to report that for persons in daiyou kangoku, access to persons other than their attorneys was routinely denied.

Jordan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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; however, the government did not always observe these prohibitions.

Security services detained political activists for shouting slogans critical of authorities during protests. Some activists were arbitrarily arrested and held without charge, others were charged with insulting the king, undermining the political regime, or slander. Most detentions lasted for days, but some lasted several months. At least five detainees held a hunger strike from February through March to protest their arrest and arbitrary detention. As of October more than 20 individuals remained in detention for reasons connected to freedom of expression, according to media reports and local NGOs.

Arrest Procedures and Treatment of Detainees

The law provides a person in custody with the right to appear promptly before a judge or other judicial officer for a judicial determination of the legality of the detention. The law allows authorities to detain suspects for up to 24 hours without a warrant in all cases. It requires that police notify authorities within 24 hours of an arrest and that authorities file formal charges within 15 days of an arrest. Authorities can extend the period to file formal charges to as long as six months for a felony and two months for a misdemeanor. According to local NGOs, prosecutors routinely requested extensions, which judges granted. The State Security Court (SSC) can authorize Judicial Police (part of the PSD) to arrest and keep persons in custody for seven days prior to notification of arrest while conducting criminal investigations. This authority includes arrests for alleged misdemeanors. NGOs alleged that authorities transferred suspects to the SSC to extend the legal time from 24 hours to seven days for investigation prior to notification. NGOs also alleged that authorities transferred suspects from one police station to another to extend the period for investigation. During the year the Ministry of Justice operated an electronic notification system for judicial action to help lawyers remain up-to-date on their cases and reduce the pretrial detention period.

The penal code allows bail, and authorities used it in some cases. In many cases the accused remained in detention without bail during legal proceedings. PSD regulations exempt persons from pretrial detention if they have no existing criminal record and the crime is not a felony. NGOs reported cases of arbitrary administrative detention during the year. In January the Jordanian Bar Association civil liberties committee condemned the Zarqa governor for re-arresting and administratively detaining four Bani Hassan tribe hirak (movement) activists. According to the association, the governor justified arresting the four activists a second time because they allegedly insulted a police officer and blocked public roads.

Many detainees reported not having timely access to a lawyer. Courts appointed lawyers to represent indigent defendants charged with felonies carrying possible life sentences (often interpreted by the judiciary as 20 years) or the death penalty, although for lesser crimes legal aid services remained minimal.

At times authorities held suspects incommunicado for up to one week or placed them under house arrest. Several human rights activists alleged that authorities held arrestees incommunicado to hide evidence of physical abuse by security forces. Courts did not always offer adequate translation services for defendants who could not speak Arabic.

In 2019 Amnesty International reported that virginity testing was commonly requested by male guardians after female relatives had been detained by authorities for being “absent” from the male guardian’s home. Authorities generally complied with those requests despite international consensus that these tests violate women’s rights and are a form of cruel, inhuman, and degrading treatment.

Arbitrary Arrest: In cases purportedly involving state security, security forces at times arrested and detained individuals without informing them of the charges against them and either did not allow defendants to meet with their lawyers or did not permit meetings until shortly before trial.

The law allows the 12 provincial governors to detain individuals administratively as they deem necessary for investigation purposes or to protect that individual. Authorities held some individuals in prison or under house arrest without due process and often despite a finding of not guilty in legal proceedings. According to the Ministry of Interior, from January through August, approximately 10,000 persons were held under administrative detention, including 6,152 individuals in Amman, 2,209 in Irbid, 698 in Zarqa, 516 in Balqa, 29 in Karak, 35 in Ma’an, 35 in Mafraq, 25 in Tafileh, 48 in Jerash, 41 in Aqaba, 39 in Madaba, and 23 in Ajloun. Several international and national NGOs, along with the NCHR, alleged governors routinely abused the law, imprisoning individuals when there was not enough evidence to convict them, and prolonging the detention of prisoners whose sentences had been completed.

Governors continued to issue thousands of administrative detention orders under a 1954 law that allows pretrial detention from three days to one year without charge or trial or any means of legal remedy. The Ministry of Interior released a total of 1,366 individuals placed under administrative detention by governors between October 2019 and July 2020 to reduce overcrowding in detention centers.

According to local and international NGOs, authorities routinely engaged in “protective” detention of women (a type of informal detention without trial) to deal with cases ranging from sex outside of marriage to absence from home to being the victim of sexual violence, all of which could put women at risk of so-called honor crimes. Since 2018 women at risk of gender-based violence and “honor” crimes are referred to Ministry of Social Development shelters. While previously authorities held these women in the same administrative detention facilities as criminals, the PSD began transferring some of them directly to the shelter.

According to Ministry of Social Development, since October 2019 approximately 68 women had been transferred to its shelter for varying periods of time. NGOs reported that some women were administratively detained at Juweideh Prison for “absence” from home without permission of a male guardian or for having sex outside of marriage. Juweideh Correctional Center held 412 women, including 102 administrative detainees, as of February (see section 6). Some detained women told a local NGO that self-defense from domestic violence and economic exploitation led to their detention. Most detained women were kept in prison due to a determination by authorities that a family member must provide a guarantee to protect them from attack prior to their release.

During the year local NGOs said that officials detained some foreign laborers; those whose employers did not administratively secure their release were held for working without authorization, being absent from their authorized workplace, or lacking proper residency permits. According to the PSD, a committee was formed to assess the detention of foreign workers. Most foreign workers were exempted from paying fines for overstaying their visas and subsequently were repatriated if they chose to return to their home country.

Pretrial Detention: The law criminalizes detaining any person for more than 24 hours without a prosecutor’s authorization. Rights activists said authorities routinely ignored this limit and, according to human rights organizations, impunity was very common for violations. In 2019, 39 percent of all those in detention were pretrial detainees, according to the University of London’s World Prison Brief, an 11 percent decrease from 2018.

The GID continued to subject individuals to prolonged pretrial detention (in some cases without charges), solitary confinement, and mistreatment, according to the NCHR and other organizations.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law does not have an explicit provision that entitles victims of arbitrary or unlawful detention to restitution. The law does not provide for routine judicial review of administrative detentions ordered by governors. Detainees can bring civil lawsuits for restitution for arbitrary or unlawful detention or bring criminal lawsuits for illegal incarceration; however, the legal community reported such lawsuits seldom occurred. Detainees must hire a lawyer with at least five years’ experience, must pay their own fees, and must present a copy of the order of detention. There were no cases of restitution during the year.

During the year the Ministry of Justice allocated money to provide electronic monitoring bracelets as an alternative to detention.

Kazakhstan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but such incidents nevertheless occurred. In August the prosecutor general reported to media outlets that prosecutors released 500 unlawfully detained individuals.

Human rights observers reported arbitrary detentions during the COVID-19 quarantine restrictions. The nongovernmental organization (NGO) Kazakhstan International Bureau for Human Rights and Rule of Law reported that Almaty authorities built a tent facility and involuntarily confined all homeless citizens picked up in the city during the COVID-19 lockdown that began in March. Some individuals who live near the facility alleged that, in addition to homeless citizens, others who happened to be on site during police raids were also among those locked up in the facility. The few individuals who managed to escape the police-controlled facility complained about hunger, cold, and brutal beatings. Journalists and human rights observers who tried to verify allegations were denied access to the facility.

Arrest Procedures and Treatment of Detainees

A person apprehended as a suspect in a crime is taken to a police office for interrogation. Prior to interrogation, the accused should have the opportunity to meet with an attorney. Upon arrest the investigator may do an immediate body search if there is reason to believe the detainee has a gun or may try to discard or destroy evidence. Within three hours of arrest, the investigator is required to write a statement declaring the reason for the arrest, the place and time of the arrest, the results of the body search, and the time of writing the statement, which is then signed by the investigator and the detained suspect. The investigator should also submit a written report to the prosecutor’s office within 12 hours of the signature of the statement.

The arrest must be approved by the court. It is a three-step procedure: (1) the investigator collects all evidence to justify the arrest and takes all materials of the case to the prosecutor; (2) the prosecutor studies the evidence and takes it to court within 12 hours; and (3) the court proceeding is held with the participation of the criminal suspect, the suspect’s lawyer, and the prosecutor. If within 48 hours of the arrest the administration of the detention facility has not received a court decision approving the arrest, the administration should immediately release him or her and notify the officer who handles the case and the prosecutor. The duration of preliminary detention may be extended to 72 hours in a variety of cases, including grave or terrorist crimes, crimes committed by criminal groups, drug trafficking, sexual crimes against a minor, and others. The court may choose other forms of restraint, including house arrest or restricted movement. According to human rights activists, these procedures were frequently ignored.

Although the judiciary has the authority to deny or grant arrest warrants, judges authorized prosecutorial warrant requests in the vast majority of cases.

The law allows conditional release on bail, although use of bail procedures is limited. Prolonged pretrial detentions remain commonplace. The bail system is designed for persons who commit a criminal offense for the first time or a crime of minor or moderate severity, provided that the penalties for conviction of committing such a crime contain a fine as an alternative penalty. Bail is not available to suspects of grave crimes, crimes that led to death, organized crime, and terrorist or extremist crimes, or to situations in which there is reason to believe the suspect would hinder investigation of the case or would escape if released.

Persons detained, arrested, or accused of committing a crime have the right to the assistance of a defense lawyer from the moment of detention, arrest, or accusation. The law obliges police to inform detainees concerning their rights, including the right to an attorney. Human rights observers stated that prisoners were constrained in their ability to communicate with their attorneys, that penitentiary staff secretly recorded conversations, and that staff often remained present during the meetings between defendants and attorneys.

Human rights defenders reported that authorities dissuaded detainees from seeing an attorney, gathered evidence through preliminary questioning before a detainee’s attorney arrived, and in some cases used defense attorneys to gather evidence. The law states that the government must provide an attorney for an indigent suspect or defendant when the suspect is a minor, has physical or mental disabilities, or faces serious criminal charges, but public defenders often lacked the necessary experience and training to assist defendants. Defendants are barred from freely choosing their defense counsel if the cases against them involve state secrets. The law allows only lawyers who have special clearance to work on such cases.

Arbitrary Arrest: The government frequently arrested and detained political opponents and critics, sometimes for minor infractions, such as unsanctioned assembly, that led to fines or up to 10 days’ administrative arrest. During the year authorities detained many who participated in unsanctioned antigovernment rallies, including some who happened to be passing by.

Pretrial Detention: The law allows police to hold a detainee for 48 hours before bringing charges.

Once charged, detainees may be held in pretrial detention for up to two months. Depending on the complexity and severity of the alleged offense, authorities may extend the term for up to 18 months while the investigation takes place. The pretrial detention term may not be longer than the potential sentence for the offense. Upon the completion of the investigation, the investigator puts together an official indictment. The materials of the case are shared with the defendant and then sent to the prosecutor, who has five days to check the materials and forward them to the court.

On June 10, Almaty police arrested the activist Asiya Tulesova for assaulting a policeman during a protest gathering after she knocked the police officer’s hat off. The court authorized a two-month arrest, despite the legal stipulation that an individual shall only be placed in police custody if he or she is suspected of a criminal offense punishable by five or more years of imprisonment. (The maximum potential sentence for Tulesova’s actions was three years.) The court also denied her bail, despite the risk of increasing her potential exposure to COVID-19.

The law grants prisoners prompt access to family members, although authorities occasionally sent prisoners to facilities located far from their homes and relatives, thus preventing access for relatives unable to travel.

Human rights observers stated that authorities occasionally used pretrial detention to torture, beat, and abuse inmates to extract confessions.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law spells out a detainee’s right to submit a complaint, challenge the justification for detention, or seek pretrial probation as an alternative to arrest. Detainees have 15 days to submit complaints to the administration of the pretrial detention facility or a local court. An investigative judge has 10 days to overturn or uphold the challenged decision.

Kenya

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arrest or detention without a court order unless there are reasonable grounds for believing a suspect has committed or is about to commit a criminal offense. Police, however, arrested and detained persons arbitrarily, accused them of a crime to mask underlying police abuses, or accused them of more severe crimes than they had committed. For example, legal rights NGOs and prison officials reported overuse of the charge of “robbery with violence” that may carry a life sentence, even when violence or threats of violence were insignificant. Some petty offenders consequently received disproportionately heavy sentences.

Poor casework, incompetence, and corruption undermined successful prosecutions. Police also frequently failed to enter detainees into custody records, making it difficult to locate them. Dispute resolution at police stations resolved a significant number of crimes, but authorities did not report or record them, according to human rights organizations.

Witness harassment and fear of retaliation severely inhibited the investigation and prosecution of major crimes. The Witness Protection Agency was underfunded, and doubts about its independence were widespread. Nevertheless, the Witness Protection Agency continued to work closely with IPOA and other investigative bodies to provide security for witnesses and victims.

NGOs reported an increase of arbitrary arrests and detention of activists, journalists, and bloggers during the year. In October the Defenders Coalition said it had provided support, including legal representation and bail, to 127 activists who had been arrested or detained since March. Most activists were released within short periods, usually less than 24 hours, and in most cases prosecutors either declined to press charges or courts dismissed the cases. In September, NGO Article 19 stated at least 20 journalists, including online communicators, had been arrested or threatened with prosecution since March while reporting on the government’s efforts to respond to the COVID-19 pandemic.

Arrest Procedures and Treatment of Detainees

The law provides police with broad powers of arrest. Police officers may make arrests without a warrant if they suspect a crime occurred, is happening, or is imminent. Victims’ rights NGOs reported that in some cases authorities required victims to pay bribes and to provide transportation for police to a suspect’s location to execute a legal arrest warrant.

The constitution’s bill of rights provides significant ‎legal protections, including provisions requiring arrested persons to be arraigned, charged, informed of the reason for continuing their detention, or released within 24 hours of their arrest as well as provisions requiring the issuance of a writ of habeas corpus to allow a court to determine the lawfulness of detention. In many cases, however, authorities did not follow the prescribed time limits. While authorities in many cases released detainees held longer than the prescribed period, some cases did not result in an acquittal, and authorities provided no compensation for time served in pretrial detention.

The constitution establishes the right of suspects to bail unless there are compelling reasons militating against release. There is a functioning bail system, and all suspects, including those accused of capital offenses, are eligible for bail. Many suspects remained in jail for months pending trial because of their inability to post bail. Due to overcrowding in prisons, courts rarely denied bail to individuals who could pay it, even when the circumstances warranted denial. For example, NGOs that worked with victims of sexual assault complained authorities granted bail to suspects even in cases in which there was evidence they posed a continuing threat to victims.

Although the law provides pretrial detainees with the right to access family members and attorneys, family members of detainees frequently complained authorities permitted access only upon payment of bribes. When detainees could afford counsel, police generally permitted access to attorneys.

Arbitrary Arrest: Police arbitrarily arrested and detained persons. Victims of arbitrary arrest were generally poor young men, particularly those living in informal settlements. Human rights organizations complained security forces made widespread arbitrary arrests and detentions during counterterrorism operations. These arrests in particular reportedly targeted Muslim citizens, including ethnic Somalis.

The Social Justice Centres Working Group reported arrests increased sharply in informal settlements during the pandemic for noncompliance with the curfew or failure to wear masks. Individuals were asked to pay cash bail or a bribe to be released. In April the National Council for the Administration of Justice (NCAJ) directed that, during the COVID-19 period, petty offenders should not be held at police stations for more than 24 hours, and should be released either on cash bail or on free police bond. The NCAJ also directed police to establish centralized records of persons arrested by police stations.

In June the High Court awarded a man 100,000 shillings ($1,000) after he was wrongly arrested by the Anti-Counterfeit Agency and held at the central police station for 22 hours for allegedly being in possession of counterfeit goods.

Pretrial Detention: Lengthy pretrial detention was a serious problem and contributed significantly to prison overcrowding. In 2019 approximately 44 percent of total inmates were pretrial detainees. Authorities held some defendants in pretrial detention longer than the statutory maximum term of imprisonment for the crime with which they were charged. The government claimed the average time spent in pretrial detention was 14 days, but there were reports many detainees spent two to three years in prison before their trials were completed. Police from the arresting locale were responsible for bringing detainees from prison to court when hearings are scheduled but often failed to do so, forcing detainees to wait for the next hearing of their cases (see section 1.e.).

In March the NCAJ announced downscaling of court activities due to the COVID-19 pandemic that significantly delayed the resolution of cases. Virtual court sessions were held to review bail conditions, but very few trials were conducted virtually. Although the judiciary resumed many court activities in June, the number of cases listed for trial remained significantly low.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The law entitles persons arrested or detained to challenge in court the legal basis or arbitrary nature of their detention, but that right was not always protected.

Kuwait

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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.

Arrest Procedures and Treatment of Detainees

A police officer generally must obtain an arrest warrant from a state prosecutor or a judge before making an arrest, except in cases of hot pursuit or observing the commission of a crime. There were numerous reports of police arresting and detaining noncitizens without a warrant, apparently as part of the government’s effort against unlawful residents. The courts usually do not accept cases without warrants issued prior to arrests. Authorities generally informed detainees promptly of the charges against them and allowed access to their lawyers and family members. Diplomatic representatives observed that in some detention cases, authorities permitted lawyers to attend legal proceedings but did not allow direct contact with their clients. Some defendants were sentenced in absentia. Detainees facing “state security” charges were routinely denied access to their lawyers, interpreters, and document translators in advance of hearings. Police investigated most misdemeanor cases, and suspects were released within 48 hours after paying bail or a fine. For more serious misdemeanors and felonies, police can hold a suspect a maximum of four days on their own authority before they must refer the case to prosecution. Nonetheless, there were cases of detainees, especially those held for drug and state security crimes, who were detained for periods of one to two weeks, who were not made aware of the specific charges against them. They were also not allowed to make telephone calls or contact lawyers and family members.

If authorities file charges, a prosecutor may remand a suspect to detention for an additional 10 days for a serious misdemeanor and three weeks for a felony in order to question the suspect and investigate the case. Prosecutors also may obtain court orders to extend detention for another 15 days, up to a maximum of four months’ detention pending trial. There is a functioning bail system for defendants awaiting trial.

Arbitrary Arrest: No arbitrary arrests were reported during the year.

Pretrial Detention: Arbitrary lengthy pretrial detention sometimes occurred. Authorities held some detainees beyond the maximum detention period of six months. NGOs familiar with the judicial system reported that they believed the number of judges and prosecutors working at the Ministry of Justice was inadequate to process cases in a timely manner and the main cause of delays. As of November there were 732 men and 20 women in pretrial custody.

Prolonged detention at the government-run Talha Deportation Center was also a problem, particularly when the detainee was a foreign worker who owed money to a citizen or was a citizen from a country without diplomatic representation in the country able to facilitate exit documents. International organizations reported that these cases could take up to one month to resolve. The government, however, claimed that most deportation cases were resolved within three days.

Laos

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but some government officials did not respect these provisions, and arbitrary arrest and detention persisted.

Arrest Procedures and Treatment of Detainees

Both police and military forces have arrest powers, although generally only police exercised them. The law provides detainees the right to a prompt judicial determination of the legality of their detention. The law also requires authorities to notify detainees of the charges against them and inform next of kin of their detention within 24 hours of arrest, but this did not always occur, especially in rural areas. There is a bail system, but authorities implemented it arbitrarily. There are legal procedures for house arrest, particularly for health reasons. The law provides detained, arrested, or jailed persons the right to legal representation upon request. These provisions often were not respected. International press reported, for example, that Houayheuang (“Muay”) Xayabouly, arrested in September 2019 for criticizing the government on Facebook (see section 2.a.), was not allowed to meet with visitors while the investigation was ongoing, which barred her from obtaining outside legal advice or representation.

Arbitrary Arrest: Police continued to exercise wide latitude in making arrests, relying on a provision of the law that permits warrantless arrests in urgent cases. Police reportedly used the threat of arrest to intimidate persons or extract bribes.

In March police arrested Sithon Tippravong, a Lao Evangelical Church pastor from Savannakhet Province; as of October he remained detained in a provincial jail. Provincial officials did not inform him of the charges, even after his case was transferred to provincial prosecutors.

At times authorities continued to detain prisoners who had completed their sentences, particularly if they were unable to pay court fines.

Pretrial Detention: The law limits detention without trial to one year. The length of detention without a pretrial hearing or formal charges is also limited to one year. The Office of the Prosecutor General reportedly made efforts to have authorities bring all prisoners to trial within the one-year limit, but officials occasionally did not meet the requirement. The exact number of detainees held more than a year was unknown.

Latvia

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 and provide 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

In most cases officials require a warrant issued by an authorized judicial official to make an arrest. Exceptions are specifically defined by law and include persons caught by police in the act of committing a crime, suspects identified by eyewitnesses, or suspects who pose a flight risk. The law requires prosecutors to charge detainees and bring them before a judge within 48 hours. The 2017 CPT report found that police frequently detained suspects in detention facilities well beyond the statutory limit of 48 hours, pending their transfer to a remand facility. Through September the ombudsman received eight complaints concerning detention without timely charges.

Officials generally informed detainees promptly of charges against them. Some detainees complained that authorities failed to provide verbal information about their basic rights immediately upon arrest. Instead they received information sheets explaining their rights and duties. While a bail system exists, judges used it infrequently and did so most often in cases involving economic crimes.

Detainees have the right to an attorney who may be present during questioning. In 2017, however, the CPT noted receiving a number of accusations from detained persons (including juveniles) that they had been subjected to informal questioning without the presence of a lawyer, prior to the taking of a formal statement in the lawyer’s presence. Some detainees alleged they were physically mistreated or threatened with physical violence during such periods of initial questioning. The government generally provided attorneys for indigent defendants.

Pretrial Detention: Through September the ombudsman received six complaints concerning excessive pretrial detention.

Lebanon

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, and the government generally observed these requirements. The law requires judicial warrants before arrests except in cases of active pursuit. Nonetheless, NGOs and civil society groups alleged some incidents of the government arbitrarily arresting and detaining individuals, particularly protesters, refugees, and migrant workers. Typically, these detentions were for short periods and related to administrative questions associated with the residency or work status of these populations, often lasting between several hours and one or more days.

Arrest Procedures and Treatment of Detainees

The law generally requires a warrant for arrest and provides the right to a medical examination and referral to a prosecutor within 48 hours of arrest. The law requires that officials promptly inform individuals of the charges against them, and authorities generally adhered to this requirement. If authorities hold a detainee longer than 48 hours without formal charges, the arrest is considered arbitrary, and authorities must release the detainee or request a formal extension. The law provides that a person may be held in police custody for investigation for up to 48 hours, unless the investigation requires additional time, in which case the period of custody may be renewed for another 48 hours.

The law requires authorities to inform detainees of the charges filed against them. A suspect caught in the act of committing a crime must be referred to an examining judge, who decides whether to issue an indictment or order the release of the suspect. By law, bail is available in all cases regardless of the charges, although the amounts required may be prohibitively high.

The law states that from the moment of arrest, a suspect or the subject of a complaint has the right to contact a member of their family, an attorney, their employer, or an advocate of their choosing; has the right to an interpreter if needed; and has the right to undergo a medical examination on the approval of the general prosecutor. It does not, however, explicitly state whether a lawyer may attend preliminary questioning with the judicial police. In practical terms the lawyer may or may not be allowed to attend the preliminary questioning with judicial police. Under the framework of the law, it is possible to hold a suspect at a police station for 48 hours, renewable for another 48 hours upon an approval of the general prosecutor, before allowing the individual to exercise the right to contact an attorney. If the suspect lacks the resources to obtain legal counsel, authorities must provide free legal aid. The law does not require the judicial police to inform an individual who lacks legal counsel that one may be assigned through the regional bar association.

The law does not require authorities to inform individuals they have the right to remain silent. Many law provisions simply state that if the individuals being questioned refuse to make a statement or remain silent, this should be recorded and that the detainees may not be “coerced to speak or to undergo questioning, on pain of nullity of their statements.”

The law excludes from this protection suspects accused of homicide, drug crimes, endangerment of state security, violent crimes, crimes involving terrorism, and those with a previous criminal conviction.

Authorities may prosecute officials responsible for prolonged arrest on charges of depriving personal freedom, but they rarely filed charges.

Authorities failed to observe many provisions of the law, and government security forces as well as armed nonstate actors such as Hizballah continued the practice of extrajudicial arrest and detention, including incommunicado detention. Additionally, the law permits military intelligence personnel to make arrests without warrants in cases involving military personnel or involving civilians suspected of espionage, treason, weapons possession, or terrorism.

Arbitrary Arrest: According to local NGOs, cases of arbitrary detention occurred, but most victims chose not to report violations against them to authorities. NGOs reported most cases involved vulnerable groups such as refugees, drug users, LGBTI individuals, and migrant workers who often feared retribution by authorities while having limited access to legal recourse. Civil society groups reported authorities frequently detained foreign nationals arbitrarily.

On June 23, the Mount Lebanon public prosecutor pressed charges against Shia cleric Sayyed Ali al-Amine, accusing him of stirring sectarian strife and criticizing religious rituals. Media initially reported that al-Amine was charged with meeting Israeli officials during a conference in Bahrain, stirring public sentiment against him, but the news outlets later stated this was reported in error. The case had not progressed as of October 19.

Pretrial Detention: The law states the period of detention for a misdemeanor may not exceed two months. Officials may extend this period by a maximum of two additional months. The initial period of custody may not exceed six months for a felony, but the detention may be renewed. Due to judicial backlogs, pretrial detention periods for felonies sometimes lasted for months or years.

Pretrial detention periods were often lengthy due to delays in due process, in some cases equal to or exceeding the maximum sentence for the alleged crime. As of October, the ISF reported 3,703 prisoners in pretrial detention, or approximately 55 percent of the 6,670 total detainees. With the onset of the COVID-19 pandemic and closure of many courts, judges were instructed by the then minister of justice to conduct investigations and hearings via video calls to expedite the judicial process as well as to prevent the spread of coronavirus among pretrial detainees, lawyers, and judges. This resulted in the release of 1,200 detainees as of May 15 and a sustained significant decrease in the overall number of pretrial detainees. According to a study by the Lebanese Center for Human Rights, before May detainees spent on average one year in pretrial detention prior to sentencing, although those suspected of terrorism, espionage, and violent homicide were often held much longer. According to local NGOs, some Lebanese Sunni militants who were detained after returning from fighting in Syria remained in pretrial detention for more than five years.

Lithuania

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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

Except for persons arrested while committing a crime, warrants are generally required for arrests, and judges may issue them only upon the presentation of reliable evidence of criminal activity. Police may detain suspects for up to 48 hours before formally charging them. Detainees have the right to be informed of the charges against them at the time of their arrest or their first interrogation. The government generally observed these requirements.

Bail is available and was widely used.

The law provides for access to attorneys, and the government provides attorneys to indigent persons. A detained person has the right to meet with lawyers of his or her choice in private before his or her first interrogation. Some detainees who had government-appointed attorneys complained that they met their attorneys for the first time at the court hearing, even in instances when they had requested attorneys shortly after their arrest.

Luxembourg

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 and provide for the right of any person to challenge the lawfulness of his or her detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Warrants issued by a duly authorized official are required for arrests in most cases. Police must inform detainees of the charges against them within 24 hours of their arrest and bring detainees before a judge for a determination of the detention’s legality. There is a functioning bail system, which judges regularly employed. According to the law, detainees must be provided access to an attorney prior to their initial interrogation. In cases of indigent detainees, the government pays for the attorney. These rights were respected.

Macau

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, and the government generally observed these requirements. To supplement its 2009 National Security Law, improve external communications about national security, and promote law enforcement, in October the government developed new national security operations composed of four divisions: the National Security Information Division, National Security Crime Investigation Division, National Security Action Support Division, and National Security Affairs Integrated Service Division. The units are to participate in the chief executive-chaired National Security Commission’s policy research and legislative work. Opposition groups expressed concern that the government’s new divisions mirrored those mandated by the June Hong Kong National Security Law, which threatened freedom of expression under the umbrella of criminalizing secession, subversion, terrorism, and collusion with foreign or external forces.

Arrest Procedures and Treatment of Detainees

Authorities detained persons with warrants issued by a duly authorized official based on sufficient evidence. Detainees had access to a lawyer of their choice or, if indigent, to one provided by the government. Detainees had prompt access to family members. Police must present persons in custody to an examining judge within 48 hours of detention. Authorities informed detainees promptly of charges against them. The examining judge, who conducts a pretrial inquiry in criminal cases, has wide powers to collect evidence, order or dismiss indictments, and determine whether to release detained persons. Investigations by the prosecuting attorney should end with charges or dismissal within eight months, or six months when the defendant is in detention. The pretrial inquiry stage must conclude within four months, or two months if the defendant is in detention. By law the maximum limits for pretrial detention range from six months to three years, depending on the charges and progress of the judicial process; there were no reported cases of lengthy pretrial detentions. There is a functioning bail system. Complaints of police mistreatment may be made to the Macau Security Forces and Services Disciplinary Supervisory Committee, the Commission against Corruption, or the Office of the Secretary for Security. The Macau Security Forces and Services Disciplinary Supervisory Committee reports directly to the chief executive. The government also had a website for receiving named or anonymous complaints about irregular police activity or behavior.

Macau

Malaysia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, and the government generally observed these requirements.

Police may use certain preventive detention laws to detain persons suspected of terrorism, organized crime, gang activity, and trafficking in drugs or persons without a warrant or judicial review for two-year terms, renewable indefinitely. Within seven days of the initial detention, however, police must present the case for detention to a public prosecutor. If the prosecutor agrees “sufficient evidence exists to justify” continued detention and further investigation, a fact-finding inquiry officer appointed by the minister of home affairs must report within 59 days to a detention board appointed by the king. The board may renew the detention order or impose an order to restrict, for a maximum of five years, a suspect’s place of residence, travel, access to communications facilities, and use of the internet. In other cases the law allows investigative detention for up to 28 days to prevent a criminal suspect from fleeing or destroying evidence during an investigation. In August, Suaram reported that 1,032 individuals were detained without trial under security laws.

In November, Home Minister Hamzah Zainudin reported to parliament that 756 children were detained in immigration detention centers. Of these children, 405 were being held without guardians, including 326 children of Burmese nationality. Lawyers for Liberty coordinator Zaid Malek decried the continued detention of children as “inhumane,” stating it was “unfathomable as to why the authorities deem it fit and proper to detain hundreds of migrant and refugee children…in overcrowded detention centers during a worldwide health pandemic.” Immigration law allows authorities to arrest and detain noncitizens for 30 days, pending a deportation decision.

In November student activist Wong Yan Ke was arrested for “obstructing the police from carrying out their duties” by recording a Facebook live video of a raid on the residence of a Universiti Malaya student, in connection with a sedition investigation into a statement made by a student group questioning the role of the king. After being held overnight in a police lockup, Wong was transferred to a detention center and released that day. Wong criticized police for his “arbitrary arrest and detention.” The NGO Lawyers for Liberty expressed concern about the arrest, contending that the law “must not be used as a blanket provision to simply arrest anyone who records police conduct.” The charge carries a maximum penalty of one month’s jail, a fine, or both. A court date was set for February 2021.

Arrest Procedures and Treatment of Detainees

The law permits police to arrest and detain individuals for some offenses without a warrant, even outside situations of a crime in progress or other urgent circumstances. To facilitate investigations, police can hold a suspect for 24 hours, which can be extended for a maximum of 14 days by court order under general criminal law provisions. NGOs reported a police practice of releasing suspects and then quickly rearresting them to continue investigative custody without seeking judicial authorization.

Some NGOs asserted that a police approach of “arrest first, investigate later” was prevalent, particularly in cases involving allegations of terrorism. By law a person must be informed of the grounds for arrest by the arresting officer.

Bail is usually available for persons accused of crimes not punishable by life imprisonment or death. The amount and availability of bail is at the judge’s discretion. Persons granted bail usually must surrender their passports to the court.

Police must inform detainees of the rights to contact family members and consult a lawyer of their choice. Nonetheless, police often denied detainees’ access to legal counsel and questioned suspects without allowing a lawyer to be present. Police justified this practice as necessary to prevent interference in investigations in progress, and the courts generally upheld the practice.

While authorities generally treated attorney-client communications as privileged, Malaysian Anticorruption Commission officials may question lawyers who accompanied their clients to nonjudicial commission hearings about their interaction with their clients and the content of their discussions.

Police sometimes did not allow detainees prompt access to family members or other visitors.

The law allows the detention of a material witness in a criminal case if that person is likely to flee.

Arbitrary Arrest: Authorities sometimes used their powers to intimidate and punish opponents of the government. Activists and government critics were often subjected to late-night arrests, long hours of questioning, and lengthy remand periods, even if they were not ultimately charged with an offense. In July, according to the NGO Center to Combat Corruption and Cronyism (C4), police carried out a late-night arrest of anticorruption and social activist K. Sudhagaran Stanley at his home, which C4 labelled a “chilling” action “aimed at instilling fear and silencing voices that are critical of the administration of this country.”

Pretrial Detention: The International Center for Prison Studies reported that pretrial detainees comprised approximately 27 percent of the prison population in 2018. Crowded and understaffed courts often resulted in lengthy pretrial detention, sometimes lasting several years.

Malta

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 and provide 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

A magistrate may issue an arrest warrant to detain a person for questioning based on reasonable suspicion. According to the constitution, police must either file charges or release a suspect within 48 hours. In all cases authorities must inform detainees of the grounds for their arrest. Police generally respected these requirements. During the 48-hour detention period and prior to the initial interrogation, authorities allowed arrested persons access to legal counsel but did not permit visits by family members. The state provides legal aid for arrested persons who cannot afford a lawyer. The law allows police to delay access to legal counsel for up to 36 hours after arrest in certain circumstances, such as when exercising this right could lead to interference with evidence or harm to other persons. After filing charges, authorities granted pretrial detainees’ access to both counsel and family. A functioning bail system is in place.

During the spring, the government enacted legislation that transposes into Maltese law directives of the European Parliament and European Council of 2016 related to legal aid for suspects and accused persons in criminal or in European warrant proceedings, as well as procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Pretrial Detention: Lengthy pretrial detention remained a problem. Authorities occasionally confined foreign suspects for more than two years pending arraignment and trial, normally due to lengthy legal procedures. Approximately 30 percent of the prison population was in pretrial detention. The courts adjudicate applications for bail on a case-by-case basis and normally granted bail to citizens. The courts rarely granted bail to foreigners. In January authorities charged and convicted 22 migrants of taking part in a protest against prolonged detention at the facility in Safi, imprisoned them for nine months, and fined them.

Mexico

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Federal law 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, but the government sometimes failed to observe these requirements. Between January and August, the CNDH recorded 132 complaints of arbitrary detention.

Arrest Procedures and Treatment of Detainees

The constitution allows any person to arrest another if the crime is committed in his or her presence. A warrant for arrest is not required if an official has direct evidence regarding a person’s involvement in a crime, such as having witnessed the commission of a crime. In a 2018 report, Mexico Evalua, a domestic think tank, determined 90 percent of all arrests fell under this category. This arrest authority, however, is applicable only in cases involving serious crimes in which there is risk of flight. Bail is available for most crimes, except for those involving organized crime and a limited number of other offenses. In most cases the law requires detainees to appear before a judge for a custody hearing within 48 hours of arrest, during which authorities must produce sufficient evidence to justify continued detention. This requirement was not followed in all cases, particularly in remote areas of the country. In cases involving organized crime, the law allows authorities to hold suspects up to 96 hours before they must seek judicial review.

The procedure known in Spanish as arraigo (a constitutionally permitted form of pretrial detention employed during the investigative phase of a criminal case before probable cause is fully established) allows, with a judge’s approval, for certain suspects to be detained prior to filing formal charges. Following the introduction of the accusatorial justice system, however, there was a significant reduction in the number of persons detained in this manner, falling from more than 1,900 in 2011 to 21 in 2018.

Some detainees complained of a lack of access to family members and to counsel after police held persons incommunicado for several days and made arrests arbitrarily without a warrant. Police occasionally failed to provide impoverished detainees access to counsel during arrests and investigations as provided for by law, although the right to public defense during trial was generally respected. Authorities held some detainees under house arrest.

Arbitrary Arrest: Allegations of arbitrary detentions persisted throughout the year. The Inter-American Commission on Human Rights (IACHR), the UN Working Group on Arbitrary Detention, and NGOs expressed concerns regarding arbitrary detention and the potential for it to lead to other human rights abuses.

The Jalisco State Commission for Human Rights reported at least 118 complaints against police for arbitrary detention, forced disappearance, and abuse of power after statewide protests on June 4-9 following the death of Giovanni Lopez, who died in municipal police custody in Ixtlahuacan de los Membrillos.

Pretrial Detention: Lengthy pretrial detention was a problem, and authorities did not always release promptly those detained unlawfully. The accusatorial justice system allows for a variety of pretrial measures, including electronic monitoring, travel restrictions, and house arrest, that reduced the use of the prison system overall, including the use of pretrial detention. The law provides time limits and conditions on pretrial detention, but federal authorities sometimes failed to comply with them, since caseloads far exceeded the capacity of the federal judicial system. Violations of time limits on pretrial detention were endemic in state judicial systems. The OHCHR documented cases in the states of Mexico and Chiapas in which detainees remained for more than 12 years in pretrial detention. A constitutional reform passed in February 2019 increased the number of crimes for which pretrial detention is mandatory and bail is not available, including armed robbery, electoral crimes, fuel theft, and weapons possession.

Reports indicated women suffered disproportionately from pretrial detention. As of June, 54 percent of women in federal prison and 46 percent in municipal and state prisons were in pretrial detention, while 39 percent of men in the federal and local judicial system were in pretrial detention, according to a report from the Secretariat of Security and Civilian Protection. In October authorities announced they would comply with the recommendation of the OHCHR’s Working Group on Arbitrary Detention and release Brenda Quevedo Cruz, who had spent 11 years in prison without trial. Quevedo Cruz remained in detention at year’s end.

Mongolia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law provides that no person shall be arrested, detained, or deprived of liberty except by specified procedures and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Government agencies generally observed these requirements. The General Intelligence Agency sometimes detained suspects for questioning without charge, but the criminal code requires that a prosecutor supervise all detentions.

Several current or former high-level government officials and influential businesspersons, including six candidates or would-be candidates and one sitting member of parliament, were detained, tried, or convicted in the weeks surrounding June 24 parliamentary elections, in most cases on abuse of power, corruption charges, or both. Some of these defendants claimed the timing of their detention and prosecution–in some cases coming years after the completion of the corresponding IAAC investigation–indicated they were being politically targeted, as it prevented them from registering as candidates, mounting a campaign, and assuming their seat in parliament (if elected). They cited relevant provisions of the law granting immunity to incumbent parliamentarians and credentialed candidates. Some commentators noted that several of these defendants were known political rivals of senior government officials.

Arrest Procedures and Treatment of Detainees

An evidence-based, prosecutor-approved warrant is generally required to arrest a suspect on criminal grounds. Within 24 hours of an arrest, a prosecutor must present a request stating the grounds and reasons for the arrest to a judge, who must decide within 48 hours whether to prolong the detention or release the suspect. The arresting authority must notify a suspect’s family within six hours of an arrest. A “pressing circumstances” exception in the law allows police to arrest suspects without a warrant. Examples of exceptions include murder or grave bodily injury, serious property damage, hot pursuit of a fleeing suspect, and suspicion that destruction of evidence would occur. In such cases a prosecutor must approve the arrest within 24 hours, and a judge must approve the arrest within the normal 48-hour period. If 72 hours pass after an arrest and a judge has not made a decision, police must release the suspect. Upon release, authorities must inform the suspect of the reasons for the arrest and detention.

A January 10 amendment to the criminal procedure law introduced the possibility of bail, tying the amount to be charged to the severity of the crime and the personal situation of the defendant. Although procedures governing the collection of bail had yet to be adopted, bail was assessed in several cases, most notably in the prosecution of several high-profile defendants, including some candidates, in the lead-up to and during parliamentary elections. Attorneys for some of the defendants criticized the courts’ imposition of what they viewed as arbitrary and in some cases exceedingly steep bail amounts in the absence of regulatory guidance on the setting of such fees.

Authorities generally charged and informed detainees of the charges promptly and advised them of their right to counsel. Maximum pretrial detention with a court order is 18 months. Detainees generally had prompt access to family members, although repeated transfers or detention in remote locations undermined this right.

A detainee has the right to an attorney during pretrial detention and all subsequent stages of the legal process, including after sentencing. If a defendant does not engage an attorney, the government must appoint one if the defendant has a physical or mental disability that would hinder self-defense, is a minor, is not proficient in the Mongolian language, or has a conflict of interest with the defense counsel or other defendants. The law allows the government to provide a lawyer upon request for an indigent defendant. Detainees were generally aware of their right to legal counsel, but misperceptions limited their use of this right. For example, detainees were frequently unaware they could exercise this right from the start of the legal process and frequently did not assert it unless and until their cases reached trial.

Arbitrary Arrest: The NHRC had received 70 complaints of illegal arrest, arbitrary detention, and extended imprisonment as of October 7, of which six complaints of illegal arrest and 14 complaints of arbitrary detention were referred for prosecution. It reported that when conducting investigations, investigative agencies occasionally detained suspects without judicial authorization, sometimes secretly, and police employed such practices despite the availability of other methods of restraint, including bail, another person’s personal guarantee, and military surveillance. The personal guarantee system allows relatives to vouch for an accused family member.

Detainees Ability to Challenge Lawfulness of Detention before a Court: At least two of the candidates and would-be candidates detained in the run-up to the parliamentary elections complained they had been denied the opportunity to appeal the lawfulness of their detention.

Morocco

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge in court the lawfulness of his or her arrest or detention. Observers indicated that police did not always respect these provisions or consistently observe due process, particularly during or in the wake of protests. According to local NGOs and associations, police sometimes arrested persons without warrants or while wearing civilian clothing. Individuals have the right to challenge the legal basis or arbitrary nature of their detention and request compensation by submitting a complaint to the court. The UN secretary-general’s report on Western Sahara in September noted the OHCHR received reports of human rights violations perpetrated by government officials against Sahrawis, including arbitrary detention.

In Western Sahara, human rights organizations continued to track alleged abusers who remained in leadership positions or who had been transferred to other positions. International and local human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements. Government officials generally did not provide information on the outcome of complaints. The CNDH and DGAPR provided human rights training for prison officials and members of the security forces in Western Sahara.

On March 12, HRW published a report of police violence against two Western Sahara activists, Walid el-Batal and Yahdhih el-Ghazal in Smara, in June 2019. According to HRW’s report, Moroccan security forces attempted to prohibit the men from attending an event for activist Salah Labsir who was serving a four-year prison sentence on charges for premeditated violence against police and the destruction of public goods. A video of the incident showed a dozen individuals in civilian clothing forcibly dragging two men from their truck and assaulting them with batons. Two Moroccan police vehicles were in the background of the scene, and the batons matched the style of police-issued equipment while one man wore a police helmet, leading HRW to determine the perpetrators were plainclothes police officers. Ghazal informed HRW that “they beat and tortured us there, and then they took us to the police station. They beat us there. And we passed out–I passed out; when I woke up I found myself in the hospital.” Court documents showed that el-Batal and el-Ghazal were taken to a hospital after their arrest. Moroccan authorities claimed the men were brought to the hospital because of injuries they sustained in colliding with police barriers and resisting arrest. The OHCHR requested an investigation into el-Batal’s case, raising concerns over human rights abuses. The public prosecutor opened an investigation, which resulted in the indictment of five police officers for police brutality. The investigation continued at year’s end.

Arrest Procedures and Treatment of Detainees

By law police may arrest an individual after a general prosecutor issues an oral or written warrant. The law permits authorities to deny defendants’ access to counsel or family members during the initial 96 hours of detention under terrorism-related laws or during the initial 24 hours of detention for all other charges, with an optional extension of 12 hours with the approval of the Prosecutor’s Office. Authorities did not consistently respect these provisions. Reports of abuse generally referred to these initial detention periods, when police interrogated detainees. The government continued to require new police officers to receive security and human rights training facilitated in partnership with civil society.

In ordinary criminal cases, the law requires police to notify a detainee’s next of kin of an arrest immediately after the above-mentioned period of incommunicado detention, unless arresting authorities applied for and received an extension from a magistrate. Police did not consistently abide by this provision. Authorities sometimes delayed notifying the family or did not inform lawyers promptly of the date of arrest, and the families and lawyers were not able to monitor compliance with detention limits and treatment of the detainee.

The law states, “in the case of a flagrant offense, the Judicial Police Officer has the right to keep the suspect in detention for 48 hours. If strong and corroborated evidence is raised against this person, [the officer] can keep them in custody for a maximum of three days with the written authorization of the prosecutor.” For common crimes, authorities can extend this 48-hour period twice, for up to six days in detention. Under terrorism-related laws, a prosecutor may renew the initial detention by written authorization for a total detention time of 12 days. According to the Antiterrorism Act, a suspect does not have a right to a lawyer during this time except for a half-hour monitored visit at the midpoint of the 12-day period. Observers widely perceived the law on counterterrorism as consistent with international standards.

At the conclusion of the initial detention period in police custody, a detainee must be presented to a prosecutor, who may issue provisional charges and order additional investigation by an investigatory judge in preparation for trial. The investigative judge has four months, plus a possible one-month extension, to interview the individual and determine what charges, if any, to file for trial. An individual may be detained in investigatory detention or at liberty during this phase. At the end of five months (if an extension is granted), the investigative judge must either file charges, decline to file charges and drop the case, or release the individual pending an additional investigation and a determination of whether to file. Authorities generally followed these timelines.

NGO sources stated that some judges were reticent to use alternative sentences permitted under the law, such as provisional release. The law does not require written authorization for release from detention. In some instances judges released defendants on their own recognizance. A bail system exists; the deposit may be in the form of property or a sum of money paid to the court as surety to ensure the defendant’s return to future court proceedings. The amount of the deposit is subject to the discretion of the judge, who decides depending on the offense. Bail may be requested at any time before the judgment. According to the law, defendants have the right to attorneys; if a defendant cannot afford private counsel, authorities must provide a court-appointed attorney when the criminal penalty exceeds five years in prison. Authorities did not always provide effective and timely counsel.

Arbitrary Arrest: Security forces often detained groups of individuals, took them to a police station, questioned them for several hours, and released them without charge.

Under the penal code, any public official who orders an arbitrary detention may be punished by demotion and, if it is done for private interest, by imprisonment for 10 years to life. An official who neglects to refer a claimed or observed arbitrary or illegal detention to his superiors may be punished by demotion. During the year no security officials were investigated for arbitrary arrest associated with enforcement of the shelter-in-place protocol due to COVID-19 restrictions. There was no information available as to whether these provisions were applied during the year.

Pretrial Detention: Although the government claimed that authorities generally brought accused persons to trial within two months, prosecutors may request as many as five additional two-month extensions of pretrial detention. Pretrial detentions can last as long as one year. Government officials attributed delays to the large backlog of cases in the justice system. The government stated that a variety of factors contributed to this backlog, including a lack of resources devoted to the justice system, both human and infrastructure; the lack of plea bargaining as an option for prosecutors, lengthening the amount of time to process cases on average; the rare use of mediation and other out-of-court settlement mechanisms allowed by law; and the absence of legal authority for alternative sentencing. The government reported that, as of May, approximately 6.5 percent of detainees were in pretrial detention awaiting their first trial. In some cases detainees received a sentence shorter than the time they spent in pretrial detention, particularly for misdemeanors.

Mozambique

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 and provide for the right to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, civil society groups reported security forces repeatedly arrested and detained persons, including journalists and civil society activists in northern Cabo Delgado Province on unsubstantiated charges of involvement in extremist violence or property destruction.

Arrest Procedures and Treatment of Detainees

Apart from operations countering extremist violence in northern Cabo Delgado Province, authorities generally did not detain suspects without judicial authorization. By law judges or prosecutors must first issue an arrest warrant unless a suspect is caught in the act of committing a crime. The maximum length of investigative detention is 48 hours without a warrant or six months with a warrant, during which time a detainee has the right to judicial review of the case. A detainee may be held another 90 days if the National Criminal Investigation Service continues its investigation. A person accused of a crime carrying a potential maximum sentence if convicted of more than eight years’ imprisonment may be detained up to an additional 84 days without being formally charged. A court may approve two additional 84-day periods of detention without charge while police complete their investigation. The detainee must be released if no charges are brought within the prescribed period for investigation. Authorities, however, did not always respect these legal requirements.

The law provides for citizens’ right to access the courts and the right to legal representation, regardless of ability to pay for such services. Indigent defendants, however, frequently received no legal representation due to a shortage of legal professionals willing to work without charge. There were no reports of suspects held incommunicado or under house arrest.

The bail system remained poorly defined.

Pretrial Detention: Lengthy pretrial detention continued to be a serious problem due to a lack of judges and prosecutors and poor communication among authorities.

Namibia

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 and provide for the right of any person to challenge the lawfulness of that person’s arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Arrest warrants are not required in all cases, including when authorities apprehend a suspect in the course of committing a crime. Authorities must inform detained persons of the reason for their arrest, and police generally informed detainees promptly of the charges against them. Authorities must arraign arrested persons within 48 hours of their detention. The government did not always meet this requirement, especially in rural areas far from courts. The constitution stipulates the accused are entitled to defense by legal counsel of their choice, and authorities respected this right.

There was a functioning bail system. Officials generally allowed detainees prompt access to family members. The constitution permits detention without trial during a state of emergency but requires publication of the names of detainees in the government’s gazette within 14 days of their apprehension. An advisory board appointed by the president on the recommendation of the Judicial Service Commission (the constitutional body that recommends judges to the president for appointment) must review cases within one month of detention and every three months thereafter. The constitution requires such advisory boards to have no more than five members, at least three of whom must be “judges of the Supreme Court or the High Court or qualified to be such.” The advisory board has the power to order the release of anyone detained without trial during an emergency.

Pretrial Detention: Lengthy pretrial detention remained a problem. According to the Namibian Correctional Service, approximately 3 percent of the inmate population is in pretrial detention, and the average length of time inmates are held before trial is four years. A shortage of qualified magistrates and other court officials, the inability of many defendants to afford bail, the lack of a plea-bargaining system, slow or incomplete police investigations, the frequency of appeals, and procedural postponements resulted in a large backlog in prosecuting criminal cases. Delays between arrest and trial could last for years. There were lengthy delays in criminal appeals as well. According to the Office of the Prosecutor General, however, pretrial detention did not exceed the maximum sentence for conviction of an alleged crime. Defendants found guilty of a crime and sentenced to imprisonment are credited with time served in pretrial detention.

Netherlands

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law throughout the kingdom 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 governments generally observed these requirements.

Arrest Procedures and Treatment of Detainees

A prosecutor or senior police officer must order the arrest of any person, unless the person is apprehended at the site of an alleged crime. Arrested persons have the right to appear, usually within a day, before a judge, and authorities generally respected this right. Authorities informed detainees promptly of charges against them. The kingdom’s laws also allow persons to be detained on a court order pending investigation.

In terrorism-related cases in the Netherlands, the examining magistrate may initially order detention for 14 days on the lesser charge of “reasonable suspicion” rather than the “serious suspicion” required for other crimes.

There is no bail system. Detainees can request to be released claiming there are no grounds to detain them. Authorities frequently grant such requests. In all parts of the kingdom, the law provides suspects the right to consult an attorney. The Netherlands’ law grants all criminal suspects the right to have their lawyers present at police interrogation. In Aruba, Curacao, and Sint Maarten, a criminal suspect is only entitled to consult his or her lawyer prior to the first interview on the substance of the case. Immigration detainees in Curacao do not always have access to legal counsel, nor do they have visitation rights. In the Netherlands and Curacao, in the case of a minor, the lawyer can be present during interviews but cannot actively participate.

New Zealand

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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 observed these requirements.

Arrest Procedures and Treatment of Detainees

Police may arrest a suspect without a warrant if there is reasonable cause; however, a court-issued warrant is usually required. Police officers may enter premises without a warrant to arrest a person if they reasonably suspect the person committed a crime on the premises or if they found the person committing an offense and are in pursuit. Police must inform arrested persons “as soon as possible” of their legal rights and the grounds for their arrest.

After arresting and charging a suspect, police may release the suspect on bail until the first court appearance. Except for more serious offenses, such as assault or burglary, bail is normally granted and frequently does not require a deposit of money. Suspects have the right to appear “as soon as possible” before a judge for a determination of the legality of the arrest and detention. After the first court appearance, the judge typically grants bail unless there is a significant risk the suspect would flee, tamper with witnesses or evidence, or commit a crime while on bail. Authorities granted family members timely access to detainees and allowed detainees prompt access to a lawyer of their choice and, if indigent, to a lawyer provided by the government.

Pretrial Detention: In June, 36.5 percent of prisoners held in custody were being held on remand while they awaited trial or sentencing. The number of prisoners held on remand has increased more than threefold in the past 20 years, primarily due to increased time required to complete cases and stricter bail restrictions. The median duration of prisoners’ time held in remand was between one and three months.

Nigeria

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, police and security services at times employed these practices. The law also provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but detainees found such protections ineffective, largely due to lengthy court delays. According to numerous reports, the military arbitrarily arrested and detained–often in unmonitored military detention facilities–thousands of persons in the context of the fight against Boko Haram in the Northeast (see section 1.g.). In their prosecution of corruption cases, law enforcement and intelligence agencies did not always follow due process, arresting suspects without appropriate arrest and search warrants.

Arrest Procedures and Treatment of Detainees

Police and other security services have the authority to arrest individuals without first obtaining warrants if they have reasonable suspicion a person committed an offense, a power they sometimes abused. The law requires that, even during a state of emergency, detainees must appear before a magistrate within 48 hours and have access to lawyers and family members. In some instances government and security employees did not adhere to this regulation. Police held for interrogation individuals found in the vicinity of a crime for periods ranging from a few hours to several months, and after their release, authorities sometimes asked the individuals to return for further questioning. The law requires an arresting officer to inform the accused of charges at the time of arrest, transport the accused to a police station for processing within a reasonable time, and allow the suspect to obtain counsel and post bail. Families were afraid to approach military barracks used as detention facilities. In some cases police detained suspects without informing them of the charges against them or allowing access to counsel and family members; such detentions often included solicitation of bribes. Provision of bail often remained arbitrary or subject to extrajudicial influence. Judges sometimes set stringent bail conditions. In many areas with no functioning bail system, suspects remained incarcerated indefinitely in investigative detention. At times authorities kept detainees incommunicado for long periods. Numerous detainees stated police demanded bribes to take them to court hearings or to release them. If family members wanted to attend a trial, police sometimes demanded additional payment.

The government continued to turn to the armed forces to address internal security concerns, due to insufficient capacity and staffing of domestic law enforcement agencies. The constitution authorizes the use of the military to “[s]uppress insurrection and act in aid of civil authorities to restore order.” Armed forces were part of continuing joint security operations throughout the country.

In some northern states, Hisbah religious police groups patrolled areas to look for violations of sharia.

Arbitrary Arrest: Security personnel reportedly arbitrarily arrested numerous persons during the year, although the number remained unknown.

Security services detained journalists and demonstrators during the year (see sections 2.a. and 2.b.).

Pretrial Detention: Lengthy pretrial detention remained a serious problem. According to NCS figures released in October, 74 percent of the prison population consisted of detainees awaiting trial, often for years. The shortage of trial judges, trial backlogs, endemic corruption, bureaucratic inertia, and undue political influence seriously hampered the judicial system. Court backlogs grew due to COVID-related shutdowns and delays. In many cases multiple adjournments resulted in years-long delays. Some detainees had their cases adjourned because the NPF and the NCS did not have vehicles to transport them to court. Some persons remained in detention because authorities lost their case files. Prison employees did not have effective prison case file management processes, including databases or cataloguing systems. In general the courts were plagued with inadequate, antiquated systems and procedures.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees may challenge the lawfulness of their detention before a court and have the right to submit complaints to the NHRC. Nevertheless, most detainees found this approach ineffective because, even with legal representation, they often waited years to gain access to court.

North Macedonia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, as well as to receive compensation for unlawful detention. The government generally observed these requirements, but in some cases, prolonged pretrial detention remained a problem.

Arrest Procedures and Treatment of Detainees

The law requires that a judge issue warrants for arrest and detention of suspects based on evidence, and police generally followed this requirement. The law prohibits police from interrogating suspects without informing them of their status and their rights and enabling them to obtain a lawyer. The law states prosecutors must arraign a detainee within 24 hours of arrest. A pretrial procedure judge, at the request of a prosecutor, may order detention of suspects for up to 72 hours before arraignment. Police generally adhered to these procedures. Authorities generally informed detainees promptly of the charges against them. Detention prior to indictment may last a maximum of 180 days. Following indictment, pretrial detention may last a maximum of two years.

The Ministry of Interior PSU received one complaint alleging excessive use of force in interrogations of suspects and detainees. The PSU dismissed the complaint for lack of evidence.

There is a functioning bail system. In addition to bail, the law allows the substitution of pretrial detention with house arrest or other measures for securing defendants’ presence at trial. Common measures include passport seizure, a prohibition on leaving one’s place of residence, and an obligation to report to the court on a weekly basis.

The law provides advisory deadlines to avoid protracted criminal proceedings. Prosecutors should generally complete investigations within six months, although the deadlines can be extended to 12 months in more complex cases and 18 months in organized crime cases with a supervisor’s consent. In practice, prosecutors often exceeded those deadlines and suffered no adverse consequences for failing to meet them.

The law allows defendants to communicate with an attorney of their choice, but authorities did not always inform detainees properly of this right and did not always allow them to consult with an attorney prior to arraignment. Indigent detainees have the right to a state-provided attorney, and authorities generally respected this right. Judges usually granted permission for attorneys to visit their clients in detention. Authorities did not practice incommunicado detention.

In addition to investigating allegations of police mistreatment, the PSU conducted all internal investigations into allegations of other forms of police misconduct. The unit has authority to impose administrative sanctions, such as temporary suspension from work, during its investigations. The unit may not take disciplinary measures, which require a ruling from a disciplinary commission, nor may it impose more serious criminal sanctions, which require prosecutorial action, but it may refer cases as appropriate.

As of August 20, the OCCPO’s Unit for Investigating and Prosecuting Criminal Misconduct of Police Officers and Prison Guards had investigated 21 cases against police officers and prison guards based on criminal complaints accusing them of mistreatment, unlawful arrest, torture, and other cruel, inhuman, and degrading treatment. All 21 cases were still pending as of August 31. Separately, the unit obtained a guilty plea and five-month prison sentence against a police officer for accepting bribes.

Pretrial Detention: In most cases the courts adhered to the law for pretrial detention procedures. During the year the number of court detention orders remained stable when compared with 2019; most orders related to cases brought by the OCCPO and the Skopje Basic PPO. As of August 20, the courts issued 227 detention orders, which is in line with the 289 issued by mid-November 2019. The number of detention orders issued during 2020 and 2019 decreased significantly from 2018 when the courts issued 457 detention orders. Prosecutors across the country requested detention in 5 to 10 percent of all cases. Usually, prosecutors requested, and the court issued, preventive measures instead of detention orders for suspects and defendants to mitigate flight risk, evidence tampering, and repeating or committing new crimes.

Norway

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 and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires warrants authorized by a prosecutor for arrests. Police may make an arrest without a warrant if any delay would entail risk of injury to police or civilians or damage to property. If police arrest a person without a warrant, a prosecutor must consider as soon as possible whether to uphold the arrest. Detainees must be informed of the charges against them immediately after an arrest, and, if the prosecutor wishes to detain suspects, he or she must arraign them no later than three days after arrest. There were no reports that these rights were not respected. The arraigning judge determines whether the accused should be held in custody or released pending trial. There is a bail system, but it was rarely utilized. Officials routinely released defendants, including nonresident foreigners, accused of minor crimes pending trial. Defendants accused of serious or violent crimes usually remained in custody until trial.

By law authorities should provide detainees access to a lawyer of their choice before interrogation or, if the requested lawyer is unavailable, to an attorney appointed by the government. The government pays the attorney fees in all cases. Criminal detainees benefited from legal aid if the period of police custody was expected to last more than 24 hours (for adults) or 12 hours (for juveniles). Consequently, it was not uncommon for criminal suspects to be subjected to police questioning without a lawyer present.

The law mandates that detainees be transferred from a temporary police holding cell to a regular prison cell within 48 hours. There were no reports that these rights were not respected.

The law provides that a court must determine whether and for how long a detainee may be held in solitary confinement during pretrial detention.

Oman

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention. The government generally observed these requirements. Persons arrested or detained are entitled to challenge in court the legal basis of their detention.

Arrest Procedures and Treatment of Detainees

The law does not allow the ROP to arrest or detain a person “without an order to this effect from a concerned legal authority.” The law stipulates that police must either release the person or refer the matter to the public prosecution within 48 hours. For most crimes the public prosecution must then order the person’s “preventive detention” or release the person within 24 hours; preventive detention is warranted if “the incident is an offense or an act of misdemeanor punishable by imprisonment.” A preventive detention order shall not exceed 30 days, or 45 day in offenses involving public funds, narcotics, and psychoactive drugs. The law requires those arrested be informed immediately of the charges against them. The government generally observed these requirements. There was a functioning bail system. Detainees generally had prompt access to a lawyer of their choice. The state provided public attorneys to indigent detainees, as required by law. Authorities generally allowed detainees prompt access to family members. In cases involving foreign citizens, police sometimes failed to notify the detainee’s local sponsor or the citizen’s embassy.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention. The government generally observed these requirements.

The Internal Security Service arrested and detained Ghazi al-Awlaki, a political activist and Omani citizen, for his peaceful activities on social media, human rights observers reported in August. In September observers said that authorities had released al-Awlaki without charge after 50 days in detention.

Pakistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, but authorities did not always observe these requirements. Corruption and impunity compounded this problem.

Khyber Pakhtunkhwa’s Actions (In Aid of Civil Power) Ordinance of 2019 gives the military authority to detain civilians indefinitely without charge in internment camps, occupy property, conduct operations, and convict detainees in the province solely using the testimony of one soldier. Both before and after the ordinance’s passage, the military was immune from prosecution in civilian courts for its actions in the province. The ordinance also provides that the military is not required to release the names of detainees to their families, who are therefore unable to challenge their detentions in a civilian court. The provincial high court ruled the ordinance unconstitutional, but the Supreme Court suspended this ruling. The appeal remained with the Supreme Court at year’s end. Pending the outcome of this appeal, the military retains control of detention centers and law enforcement activities in much of the former FATA.

On July 20, the Supreme Court ruled that the National Accountability Bureau (NAB) violated the rights to fair trial and due process in the arrest of two opposition politicians, Khawaja Saad Rafique and Khawaja Salman Rafique, who were detained by the NAB for 15 months “without reasonable grounds.”

On March 12, the NAB arrested Mir Shakilur Rehman, the editor in chief and owner of the country’s largest media group, the Jang, in Lahore on charges relating to a 34-year-old property transaction. The All Pakistan Newspapers Society condemned the arrest and called it an attempt by the government to silence independent media. In June the UN Working Group on Arbitrary Detention asked the government to provide detailed information on the legal grounds for the arrest and detention of Rehman, including why the charges were pressed 34 years after the alleged offense. Rehman was released on bail November 9.

In October 2019, Federal Investigation Agency officials detained Muhammad Ismail, father of rights activist and vocal critic of the country’s military, Gulalai Ismail. The agency stated it detained Muhammad Ismail for “hate speech and fake information against government institutions on Facebook and Twitter.” Ismail was released on bail one month later. Although a Peshawar antiterrorism court later dismissed terrorism finance charges against social media and human rights activist Gulalai Ismail and her parents on July 2 for lack of evidence, Gulalai’s father announced on October 2 that new charges were introduced against them.

Arrest Procedures and Treatment of Detainees

A first information report (FIR) is the legal basis for any arrest, initiated when police receive information concerning the commission of a “cognizable” offense. A third party usually initiates a FIR, but police may file FIRs on their own initiative. An FIR allows police to detain a suspect for 24 hours, after which a magistrate may order detention for an additional 14 days if police show detention is necessary to obtain evidence material to the investigation. Some authorities did not observe these limits on detention. Authorities reportedly filed FIRs without supporting evidence in order to harass or intimidate detainees or did not file them when provided with adequate evidence unless the complainant paid a bribe. There were reports of persons arrested without judicial authorization and of individuals paying bribes to visit prisoners.

The Ministry of Foreign Affairs did not routinely provide notification of the arrest of foreigners to embassies or consulates. The government requires that foreign missions request access to their arrested citizens 20 days in advance. Many foreign missions reported that requests for access to arrested citizens were unanswered for weeks or months, and, when answered, notification of access was often not sent until the day before or the day of the proposed visit. Foreign prisoners often remained in prison long after completion of their sentences because they were unable to pay for deportation to their home countries.

A functioning bail system exists. Human rights groups noted, however, that judges sometimes denied bail until payment of bribes. NGOs reported authorities sometimes denied bail in blasphemy cases because defendants who faced the death penalty if convicted were likely to flee or were at risk from public vigilantism. Officials often simultaneously charged defendants facing lower-order blasphemy charges with terrorism offenses, which are nonbailable. NGOs also reported that lawyers representing individuals accused of blasphemy often asked that their clients remain in custody pretrial to protect them from vigilante violence.

By law, detainees must be tried within 30 days of arrest. The law provides for exceptions: a district coordination officer has authority to recommend preventive detention on the grounds of “maintenance of public order” for up to 90 days and may–with approval of the Home Department–extend it for an additional 90 days.

The government provided state-funded legal counsel to prisoners accused of crimes for which conviction included the death penalty, but it did not regularly provide legal representation in other cases. The constitution recognizes the right of habeas corpus and allows the high courts to demand that a person accused of a crime be present in court. The law allows citizens to submit habeas corpus petitions to the courts. In many cases involving forced disappearances, authorities failed to present detainees according to judges’ orders.

In some instances police held detainees incommunicado.

Arbitrary Arrest: Reports found police arbitrarily detained individuals to extort bribes for their release or detained relatives of wanted individuals to compel suspects to surrender. Ethnic minorities and refugees in Karachi who lacked official identification documents reported arbitrary arrests and harassment by police authorities. There were also reports police, including officers from the Federal Investigation Agency (a border control, criminal investigation, counterintelligence and security agency) made arrests to extract bribes.

Pretrial Detention: According to provincial prison departments, as of August an estimated 68 percent of detainees were either awaiting or undergoing trial. Reports indicated prison authorities did not differentiate between pretrial detainees and prisoners being tried when collecting prison data. Police sometimes held persons in investigative detention without seeking a magistrate’s approval and often held detainees without charge until a court challenged the detention. Magistrates generally approved investigative detention at the request of police without requiring justification. When police did not produce sufficient evidence to try a suspect within the 14-day period, they generally requested that magistrates issue another judicial remand, thereby further extending the suspect’s detention.

Some individuals remained in pretrial detention for periods longer than the maximum sentence for the crime with which they were charged. Authorities seldom informed detainees promptly of charges against them.

Special rules apply to cases brought to court by the NAB, which investigates and prosecutes corruption cases. The NAB may detain suspects for 15 days without charge (renewable with judicial concurrence) and deny access to counsel prior to charging. Offenses under the NAB are not bailable, and only the NAB chairperson has the power to decide whether to release detainees.

Security forces may restrict the activities of terrorism suspects, seize their assets for up to 48 hours, and detain them for as long as one year without charges. Human rights and international organizations reported security forces held an unknown number of individuals allegedly affiliated with terrorist organizations indefinitely in preventive detention, where they were often allegedly tortured and abused. In many cases authorities held prisoners incommunicado, denying them prompt access to a lawyer of their choice. Family members often did not have prompt access to detainees.

Detainees Ability to Challenge Lawfulness of Detention before a Court: There were reports of persons arrested or detained who were not allowed to challenge in court the legal basis or nature of their detention, obtain relief, or receive compensation.

Panama

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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. Early during the COVID-19 pandemic, individuals violating the curfew were arrested and had no legal representation due to the strict lockdown. After experiencing negative news reports and civil society protests on social media, the government issued a decree waiving movement restrictions for lawyers. There were several instances of abuse of authority by police agents while carrying out detentions during curfew times.

Arrest Procedures and Treatment of Detainees

The law requires arresting officers to inform detainees immediately of the reasons for arrest or detention and of the right to immediate legal counsel. During the pandemic there were numerous complaints of abuse of authority by police agents detaining persons during the quarantine and curfew. Most complaints focused on the verbal mistreatment of citizens at checkpoints, but there were instances when police applied physical force while conducting alcohol tests during the curfew.

Legal cases opened prior to the transition to the accusatory justice system (SPA) continued to be processed under the previous inquisitorial system. Both systems demonstrated vulnerabilities to corruption, inefficiencies, and bureaucratic obstacles. Due to the pandemic, the judicial branch was closed from mid-March through June, thereby delaying administration of any pending cases. Hearings to reduce the prison population to avoid spread of COVID-19 infections were held from April to May, but the regular absence of the public defenders contributed to more delays. Informality in the judicial processes, such as sending documents through mobile messenger platforms instead of official emails, became the norm for some lower-level court judges, thus jeopardizing the transparency of the judicial process.

Under the SPA bail exists but was rarely granted because of the implementation of a less costly provisional release system. Under the inquisitorial system, a bail procedure exists for a limited number of crimes but was largely unused. Most bail proceedings were at the discretion of the Prosecutor’s Office and could not be initiated by detainees or their legal counsel. Bail was granted in high-profile corruption cases, which prompted complaints by civil society that the Public Ministry was administering “selective” justice.

The law prohibits police from detaining adult suspects for more than 48 hours but allows authorities to detain minor suspects for 72 hours. Under the SPA, arrests and detention decisions were made on a probable cause basis.

Arbitrary Arrest: There were reports of arbitrary or unlawful detention. In one case police ordered a lesbian couple out of their private vehicle for kissing. They were detained, taken to a police station, and fined $50 each for indecent public behavior before being released.

Pretrial Detention: According to official statistics, as of July approximately 40 percent of inmates had not been convicted, compared with 43 percent in the previous year. Full implementation of the SPA structure nationwide decreased the number of pretrial detainees consistently since 2016.

Papua New Guinea

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, but police frequently detained citizens arbitrarily without evidence. In some cases police detained citizens without charge to steal from them. In April a man in Hela Province alleged that 20 police officers broke into his store, stealing PGK 10,000 ($2,900) in goods. The man told media that when he confronted the officers, they beat him, arrested him, and held him for four hours without charge. The man filed a formal complaint. As of October there was no known police response. Persons have the right to challenge the lawfulness of their arrest or detention in court, but the government did not always respect this right.

Arrest Procedures and Treatment of Detainees

By law police must have reason to believe that a crime was, is being, or is expected to be committed before making an arrest. A warrant is not required, but police, prosecutors, and citizens may apply to a court for a warrant. Police normally do so only if they believe it would assist them in carrying out an arrest. Judicial authorization is usually provided promptly but is not requested in the majority of cases. Suspects may be charged with minor offenses and released after bail is paid. Only national or Supreme Court judges may grant bail to persons charged with murder or aggravated robbery. In all other cases, police or magistrates may grant bail. If bail is denied or not granted promptly, suspects are transferred to prisons and may wait for years before they appear before a judge. Arrested suspects have the right to legal counsel and to be informed of the charges against them; however, the government did not always respect these rights. Detainees may have access to counsel, and family members may have access to detainees.

Pretrial Detention: Pretrial detainees comprised approximately 40 percent of the prison population. Due to very limited police and judicial resources and a high crime rate, authorities often held suspects in pretrial detention for lengthy periods. According to correctional services data, detainees could wait for as long as five years before trial, sentencing, or release. A correctional services official confirmed that as of October, five codefendants arrested in 2012 had yet to be tried. Although pretrial detention is in law subject to strict judicial review through continuing pretrial consultations, the slow pace of police investigations, particularly in locating witnesses, and occasional political interference or police corruption, frequently delayed cases for years. In addition there were delays due to infrequent circuit court sittings because of shortages of judges and travel funds.

Paraguay

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, but the government did not always observe these requirements. In some cases police ignored requirements for a warrant by citing obsolete provisions that allow detention if individuals are unable to present personal identification upon demand. Police also allegedly enforced COVID-19 quarantine restrictions unevenly, including arbitrarily using supposed violations of quarantine as an excuse to solicit bribes or otherwise intimidate civilians.

Arrest Procedures and Treatment of Detainees

Police may arrest individuals with a warrant or with reasonable cause, although police allegedly made arrests without judicial authorization or reasonable cause in some cases. The law provides that after making an arrest, police have up to six hours to notify the Attorney General’s Office, after which that office has up to 24 hours to notify a judge if it intends to prosecute. The law allows judges to use measures such as house arrest and bail in felony cases. According to civil society representatives and legal experts, in misdemeanor cases judges frequently set bail too high for many poor defendants to post bond, while politically connected or wealthy defendants paid minimal or no bail or received other concessions, including house arrest.

The law grants defendants the right to hire counsel, and the government provides public defenders for those who cannot afford counsel. Detainees had access to family members, but COVID-19 prevention measures reduced the permitted frequency and length of visits.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention. As of September 30, the Special Human Rights Unit of the Attorney General’s Office reported 82 complaints of “deprivation of freedom,” a category that includes arbitrary arrest and detention. Media and nongovernmental organizations (NGOs) also reported several cases of arbitrary arrest and detention.

Pretrial Detention: The law permits detention without trial for a period equivalent to the minimum sentence associated with the alleged crime, a period that could range from six months to five years. Some detainees were held in pretrial detention beyond the maximum allowed time. According to the NMPT, as of August 31, 71 percent of male prisoners and 61 percent of female prisoners were awaiting trial or sentencing.

Peru

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 and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention. Following the November 9 protests and change in government, citizens, domestic and international organizations, and members of Congress expressed concern that police did not follow lawful arrest and detention procedures during widespread political protests. The government constitutionally suspended the right to freedom from arrest without warrant in designated emergency zones and during the national state of emergency for COVID-19.

Arrest Procedures and Treatment of Detainees

The law requires a written judicial warrant based on sufficient evidence for an arrest unless authorities apprehended the alleged perpetrator of a crime in the act. Only judges may authorize detentions. The press, national and international organizations such as the IACHR, the Ombudsman’s Office, members of Congress, and citizens alleged police did not respect these procedures during the November 10-15 protests.

The government constitutionally suspended the right to freedom from arrest without warrant during the national state of emergency declared on March 16 to fight the spread of COVID-19. In March and April, 55,000 persons were arrested for not complying with curfews, social isolation, and other measures to fight the pandemic. The PNP detained offenders and charged significant fines.

Authorities are required to arraign arrested persons within 24 hours, except in cases of suspected terrorism, drug trafficking, or espionage, for which arraignment must take place within 15 days. In remote areas arraignment must take place as soon as practicable. Military authorities must turn over persons they detain to police within 24 hours. Police must file a report with the Public Ministry within 24 hours of an arrest. The Public Ministry in turn must issue its own assessment of the legality of the police action in the arrest; authorities respected this requirement.

The law permits detainees to have access to family members and a lawyer of their choice. Police may detain suspected terrorists incommunicado for 10 days.

Arbitrary Arrest: There were reports of unlawful detentions by police forces, including plainclothes officers, during November 10-15 that allegedly led to the temporary disappearances of dozens of citizens who protested during this period. Some protesters alleged they were held for up to 72 hours. As of December the government was investigating these allegations.

Pretrial Detention: Lengthy pretrial detention remained a problem. According to an April report by INPE, 37 percent of prisoners were being held under pretrial detention. The length of pretrial detention occasionally equaled but did not exceed the maximum sentence of the alleged crime. Delays were due mainly to judicial inefficiency, corruption, and staff shortages. In accordance with the law, courts released prisoners held more than nine months (up to 36 months in complex cases) whom the justice system had not tried and sentenced. The courts factored pretrial detention into final sentences.

Official guidelines stipulate an accused individual must meet three conditions to receive pretrial detention: there should be reasonable evidence that the subject committed the crime; the penalty for the crime must be greater than a four-year prison sentence; and the subject is a flight risk or could obstruct the justice process through undue influence over key actors, including through coercion, corruption, or intimidation. The Constitutional Tribunal may consider the guidelines for current cases of pretrial detention as they deliberate habeas corpus requests. In March, Congress approved legislation that prevents the use of pretrial detention on police officers who kill or injure “while complying with their duties.”

Philippines

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of persons to challenge the lawfulness of their arrest or detention in court, and the government generally observed these requirements. As of August the Office of the Ombudsman, an independent agency responsible for investigating and prosecuting charges of public abuse and impropriety, did not receive any complaints of arbitrary detention committed by law enforcement agencies or the armed forces. There were, however, numerous credible allegations of arbitrary arrests and detentions by security forces.

Arrest Procedures and Treatment of Detainees

Warrants based on sufficient evidence and issued by an authorized official are required for an arrest unless the suspect is observed attempting to commit, in the act of committing, or just after committing an offense; there is probable cause based on personal knowledge that the suspect just committed an offense; or the suspect is an escaped prisoner. Authorities are required to file charges within 12 to 36 hours for arrests made without warrants, depending on the seriousness of the crime. In terrorism cases the law permits warrantless arrests and detention without charges for up to 24 days, increased from three days with the passage of the Anti-Terrorism Act, signed into law in July.

Detainees have the right to bail, except when held for capital offenses or those punishable by a life sentence. The bail system largely functioned as intended, and suspects were allowed to appeal a judge’s decision to deny bail. The law provides an accused or detained person the right to choose a lawyer and, if the suspect cannot afford one, to have the state provide one. An underresourced Public Attorney’s Office, however, limited access of indigent persons to public defenders.

Arbitrary Arrest: Security forces continued to detain individuals, including juveniles, arbitrarily and without warrants on charges other than terrorism, especially in areas of armed conflict.

The Commission on Human Rights investigated 119 alleged illegal detention cases involving 306 victims from January to June. In a March case, police officers invited a human rights activist to their police station for a discussion. Upon arrival, officers photographed her with a piece of cardboard with a number and title, questioned her, and placed her in detention, where she remained as of October. The Commission on Human Rights visited the detained woman; however, the COVID-19 pandemic delayed further action.

Pretrial Detention: Lengthy pretrial detention remained a problem due largely to the slow and ineffectual justice system. Approximately 98 percent of prisoners in Bureau of Jail Management and Penology facilities were pretrial detainees; the balance were convicted criminals serving less than three-year sentences. Pending cases were not evenly distributed among the courts, which resulted in some severely overburdened courts. Large jails employed paralegals to monitor inmates’ cases, prevent detention beyond the maximum sentence, and assist with decongestion efforts. The BJMP helped expedite court cases to promote speedy disposition of inmates’ cases. Through this program authorities released 41,555 inmates from BJMP jails from January to July. Nonetheless, pretrial detention in excess of the possible maximum sentence was common, often extending over many years.

Poland

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 and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The constitution and law require authorities to obtain a court warrant based on evidence to make an arrest, and authorities generally complied with the law. The constitution and law allow detention of a person for 48 hours before authorities must file charges and an additional 24 hours for the court to decide whether to order pretrial detention. The law allows authorities to hold terrorism suspects without charges for up to 14 days. The law sets a five-day limit for holding a juvenile in a police establishment for children if the juvenile escaped from a shelter or an educational or correctional facility. It allows police to hold for up to 24 hours in a police establishment a juvenile who is being transferred to a shelter or an educational or correctional facility, in the case of a “justified interruption of convoy.” The law provides that police should immediately notify a detained person of the reasons for his or her detention and of his or her rights. Usually this information is initially delivered orally; later, at the police station, the detainee signs a statement that he or she has been advised of his or her rights and duties. Police give the detained person a copy of the report on his or her detention. Authorities generally respected these rights. Only a court may order pretrial detention.

There is a functioning bail system, and authorities released most detainees on bail. Defendants and detainees have the right to consult an attorney at any time. The government provided free counsel to indigent defendants.

During the last five years, the number of those placed in pretrial detention steadily grew from 4,162 at the end of 2015 to 9,291 as of August 31. In its 2019 report, the Helsinki Human Rights Foundation argued that prosecutors overly relied upon the system of pretrial detention. According to Court Watch Poland’s 2019 report, pretrial detention was often used as the default preventive measure, and judges often deferred to prosecutors’ motions to place detainees in pretrial detention, without considering the use of other preventive measures such as bail, passport seizure, or police supervision. According to the Court Watch report, judges approved 90 percent of prosecutors’ motions for pretrial detention.

Portugal

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and federal law prohibit arbitrary arrest and detention. Persons arrested or detained, whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and any delay in obtaining judicial rulings. If the court finds persons to have been detained unlawfully, they are entitled to prompt release and compensation. The government generally observed these practices.

Arrest Procedures and Treatment of Detainees

The constitution and law provide detailed guidelines covering all aspects of arrest and custody, and authorities generally followed the guidelines. Individuals are normally arrested only on a judicial warrant, but law enforcement officials and citizens may make warrantless arrests when there is probable cause that a crime has just been or is being committed, or that the person to be arrested is an escaped convict or suspect.

Authorities must bring the suspect before an investigating judge within 48 hours of arrest. By law the investigating judge determines whether an arrested person should be detained, released on bail, or released outright. Authorities generally informed detainees promptly of charges against them.

Investigative detention for most crimes is limited to four months. If authorities do not file a formal charge within that period, they must release the detainee. In cases of serious crimes such as murder, armed robbery, terrorism, and violent or organized crime, and crimes involving more than one suspect, the investigating judge may decide to hold a suspect in detention while the investigation is underway for up to 18 months, and up to three years in extraordinary circumstances.

Bail exists, but authorities generally do not release detainees on their own recognizance. Depending on the severity of the crime, a detainee’s release may be subject to various legal conditions.

Detainees have the right to legal counsel from the time of arrest, but media reports cited instances when police, in particular the Judiciary Police, did not inform detainees of their rights. An attorney must accompany detainees appearing before a judge for the first hearing. If detained persons cannot afford a private lawyer, the government appoints one and assumes legal costs.

Pretrial Detention: Lengthy pretrial detention remained a problem. As of September 1, according to the Directorate-General of Prison Services, 19.5 percent of the prison population was in pretrial detention, an increase of more than 18 percent than the previous year. The majority of pretrial detainees were incarcerated six months to a year. Observers, including media, business corporations, and legal observers, estimated the backlog of cases awaiting trial to be at least one year. The length of pretrial detention was usually due to lengthy investigations and legal procedures, judicial inefficiency, or staff shortages. Time in pretrial detention applies toward a convicted detainee’s prison sentence. A detainee found not guilty has the right to compensation for this time.

Qatar

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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 usually observed these requirements.

The UN Working Group on Arbitrary Detention reported in 2019 that the detainee tracking system did not allow police to determine the number and status of detainees held in any given institution. At some police stations, the register of persons in police custody did not state the date and time when individuals were taken into custody and transferred to the public prosecution. This lack of record keeping made it difficult to determine how long those detainees had been held. The UN Working Group invited authorities to address “shortcomings” in the detainee registers to prevent arbitrary detention.

In October, Amnesty International published a report detailing the 2018 arrest and detention for five months without charge of Mohamed al-Sulaiti and also posted on Twitter comments that criticized the government for imposing a travel ban on al-Sulaiti. In August, Amnesty International published a report regarding four persons, including al-Sulaiti, who were put under a travel ban without trial. Amnesty International alleged that in all of these cases authorities’ actions were conducted purely administratively, without affording any legal recourse by which the affected individuals could contest or appeal the decisions or present their claims to an independent reviewer.

In 2019 the NHRC reported receiving seven complaints of arbitrary detention and added that after examining the cases and contacting the authorities concerned, all detainees were released.

Arrest Procedures and Treatment of Detainees

The law requires that persons be apprehended with warrants based on sufficient evidence and issued by an authorized official, be charged within 24 hours, and be brought before a court without undue delay.

The law provides procedures that permit detention without charge for as long as 15 days, renewable for up to six months. The law permits an additional six months’ detention without charge with the approval of the prime minister, who may extend the detention indefinitely in cases of threats to national security. The law allows the Ministry of Interior to detain persons suspected of crimes related to national security, honor, or impudence; in these cases persons detained are generally released within 24 hours or brought before a court within three days of detention. Decisions under this law are subject to appeal to the prime minister only. The law permits the prime minister to adjudicate complaints involving such detentions. The law permits a second six-month period of detention with approval from the criminal court, which may extend a detention indefinitely with review every six months. The state security service may arrest and detain suspects for up to 30 days without referring them to the public prosecutor.

In most cases a judge may order a suspect released, remanded to custody to await trial, held in pretrial detention pending investigation, or released on bail. Although suspects are entitled to bail (except in cases of violent crimes), allowing release on bail was infrequent.

Authorities were more likely to grant bail to citizens than to noncitizens. Noncitizens charged with minor crimes may be released to their employer (or a family member for minors), although they may not leave the country until the case is resolved.

By law in non-security-related cases, the accused is entitled to legal representation throughout the process and prompt access to family members. There are provisions for government-funded legal counsel for indigent prisoners in criminal cases, and authorities generally honored this requirement. There were no new reported cases invoking either the Protection of Society Law or the Combating Terrorism Law.

By law all suspects except those detained under the Protection of Society Law or the Combating Terrorism Law must be presented before the public prosecutor within 24 hours of arrest. If the public prosecutor finds sufficient evidence for further investigation, authorities may detain a suspect for up to 15 days with the approval of a judge, renewable for similar periods not to exceed 45 days, before charges must be filed in the courts. Judges may also extend pretrial detention for one month, renewable for one-month periods not to exceed one-half the maximum punishment for the accused crime. Authorities typically followed these procedures differently for citizens than for noncitizens. The law does not specify a time limit on preventive detention, which the NHRC recommended in 2019 be changed.

Romania

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, and the government generally respected these prohibitions. The law provides for the right of any person to challenge the lawfulness of his or her detention.

To prevent the spread of COVID-19, the government hospitalized or placed in supervised quarantine tens of thousands of persons between March and June based on regulations later deemed unconstitutional. In June the Constitutional Court found unconstitutional a 2006 law and an emergency ordinance passed during the year that allowed the Health Minister to authorize mandatory hospitalization and quarantines in order to prevent the spread of epidemics. According to the Constitutional Court, mandatory hospitalization and placement in quarantine represented deprivations of freedom and the procedures related to these measures should have been clear and predictable, included provisions for the protection of fundamental rights, and based on law.

Arrest Procedures and Treatment of Detainees

By law only judges may issue detention and search warrants, and the government generally respected this provision. Authorities must inform detainees at the time of their arrest of the charges against them and their legal rights, including the right to remain silent and the right to an attorney. Police must notify detainees of their rights in a language they understand before obtaining a statement and bring them before a court within 24 hours of arrest. Although authorities generally respected these requirements, there were some reports of abuses during the year. Pending trial, if the alleged offender does not pose any danger to conducting the trial, there is no concern of flight or commission of another crime, and the case does not present a “reasonable suspicion” that the person would have committed the offense, the investigation proceeds with the alleged offender at liberty. Depending on the circumstances of the case, the law allows home detention and pretrial investigation under judicial supervision, which requires the person accused to report regularly to law enforcement officials. A bail system also exists but was seldom used. Detainees have the right to counsel and, in most cases, had prompt access to a lawyer of their choice. Authorities provided indigent detainees legal counsel at public expense. The arresting officer is also responsible for contacting the detainee’s lawyer or, alternatively, the local bar association to arrange for a lawyer. A detainee has the right to meet privately with counsel before the first police interview. A lawyer may be present during the interview or interrogation.

The law allows police to take an individual to a police station without a warrant for endangering others or disrupting public order. Following amendments that entered into force in January, the provision that allowed police to hold persons for up to 24 hours was replaced with a provision that imposes the obligation to release persons “at once.” The ADHR-HC criticized the amendment as leaving room for abuse because of the vagueness of the term “at once.”

Pretrial Detention: A judge may order pretrial detention for up to 30 days. A court may extend this period in 30-day increments up to a maximum of 180 days. Under the law detainees may hold courts and prosecutors liable for unjustifiable, illegal, or abusive measures.

The law allows for home detention using electronic monitoring devices, but the government did not procure such devices, and persons were placed under home detention without them. A judge may detain a person for up to five years during a trial, which is deducted from the prison sentence if the person is convicted.

Russia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.

Arrest Procedures and Treatment of Detainees

By law authorities may arrest and hold a suspect for up to 48 hours without court approval, provided there is evidence of a crime or a witness; otherwise, an arrest warrant is required. The law requires judicial approval of arrest warrants, searches, seizures, and detentions. Officials generally honored this requirement, although bribery or political pressure sometimes subverted the process of obtaining judicial warrants. After an arrest, police typically took detainees to the nearest police station, where they informed them of their rights. Police must prepare a protocol stating the grounds for the arrest, and both the detainee and police officer must sign it within three hours of detention. Police must interrogate detainees within the first 24 hours of detention. Prior to interrogation, a detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor. They must also give the detainee an opportunity to notify his or her relatives by telephone unless a prosecutor issues a warrant to keep the detention secret. Police are required to release a detainee after 48 hours, subject to bail conditions, unless a court decides, at a hearing, to prolong custody in response to a motion filed by police not less than eight hours before the 48-hour detention period expires. The defendant and his or her attorney must be present at the court hearing, either in person or through a video link.

Except in the North Caucasus, authorities generally respected the legal limitations on detention. There were reports of occasional noncompliance with the 48-hour limit for holding a detainee. At times authorities failed to issue an official detention protocol within the required three hours after detention and held suspects longer than the legal detention limits.

By law police must complete their investigation and transfer a case to a prosecutor for arraignment within two months of a suspect’s arrest, although an investigative authority may extend a criminal investigation for up to 12 months. Extensions beyond 12 months need the approval of the head federal investigative authority in the Ministry of Internal Affairs, the FSB, or the Investigative Committee and the approval of the court. According to some defense lawyers, the two-month time limit often was exceeded, especially in cases with a high degree of public interest.

Problems existed related to detainees’ ability to obtain adequate defense counsel. The law provides defendants the right to choose their own lawyers, but investigators sometimes did not respect this provision, instead designating lawyers friendly to the prosecution. These “pocket” defense attorneys agreed to the interrogation of their clients in their presence while making no effort to defend their clients’ legal rights. In many cases especially in more remote regions, defense counsel was not available for indigent defendants. Judges usually did not suppress confessions taken without a lawyer present. Judges at times freed suspects held in excess of detention limits, although they usually granted prosecutors’ motions to extend detention periods.

There were reports that security services sometimes held detainees in incommunicado detention before officially registering the detention. This practice usually coincided with allegations of the use of torture to coerce confessions before detainees were permitted access to a lawyer. The problem was especially acute in the Republic of Chechnya, where such incommunicado detention could reportedly last for weeks in some cases.

Arbitrary Arrest: There were many reports of arbitrary arrest or detention, often in connection with demonstrations and single-person pickets, such as those that preceded and succeeded the July 1 national vote on constitutional amendments (see section 2.b.). The independent human rights media project OVD-Info reported that during the first six months of the year, police detained 388 single-person picketers in Moscow and St. Petersburg alone, although single-person pickets are legal and do not require a permit. After Novaya Gazeta journalist and municipal deputy Ilya Azar was arrested and sentenced to 15 days of administrative arrest on May 26 for holding a single-person picket in Moscow, law enforcement authorities detained an estimated 130 individuals who took part in protests supporting him in three cities. Many of them were fined for violating the laws on staging public demonstrations.

There were reports that Russian-led forces and Russian occupation authorities in Ukraine engaged in arbitrary detention (see Country Reports on Human Rights Practices for Ukraine).

Pretrial Detention: Observers noted lengthy pretrial detention was a problem, but data on its extent were not available. By law pretrial detention may not normally exceed two months, but the court has the power to extend it to six months, as well as to 12 or 18 months if the crime of which the defendant is accused is especially serious. For example, Yuliy Boyarshinov, described by Memorial as an antifascist and left-wing activist, was in pretrial detention from 2018 until the resumption of his trial in February; he was convicted and sentenced to 5.5 years in prison in June. He was accused of illegally storing explosives and participating in a terrorist organization because of his purported association with the “Network,” an alleged antifascist and anarchist group that relatives of the accused claim does not really exist. Memorial considered Boyarshinov to be a political prisoner.

Detainees Ability to Challenge Lawfulness of Detention before a Court: By law a detainee may challenge the lawfulness of detention before a court. In view of problems with judicial independence (see section 1.e.), however, judges typically agreed with the investigator and dismissed defendants’ complaints.

Saudi Arabia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law provides that no entity may restrict a person’s actions or imprison a person, except under the provisions of the law. The law of criminal procedure provides that authorities may not detain a person for more than 24 hours, but the Ministry of Interior and the SSP, to which the majority of forces with arrest powers reported, maintained broad authority to arrest and detain persons indefinitely without judicial oversight, notification of charges, or effective access to legal counsel or family.

Arrest Procedures and Treatment of Detainees

On May 11, the Council of Ministers established a new system for the PPO and amended Article 112 of the law of criminal procedure, giving the PPO “complete and independent powers” to identify major crimes that require detention, according to local media. On August 21, Public Prosecutor Saud al-Mu’jab issued a list of 25 major crimes that mandate arrest and pretrial detention, including types of border crimes, corruption, homicide, and offenses against national security, among others.

According to the law of criminal procedure, “no person shall be arrested, searched, detained, or imprisoned except in cases provided by law, and any accused person shall have the right to seek the assistance of a lawyer or a representative to defend him during the investigation and trial stages.” By law authorities may summon any person for investigation and may issue an arrest warrant based on evidence. In practice authorities frequently did not use warrants, and warrants were not required under the law in all cases.

The law requires authorities to file charges within 72 hours of arrest and hold a trial within six months, subject to exceptions specified by amendments to the law of criminal procedure and the counterterrorism law (see section 2.a.). Authorities may not legally detain a person under arrest for more than 24 hours, except pursuant to a written order from a public investigator. Authorities reportedly often failed to observe these legal protections, and there was no requirement to advise suspects of their rights.

The law specifies procedures required for extending the detention period of an accused person beyond the initial five days. Authorities may approve detentions in excess of six months in “exceptional circumstances,” effectively allowing individuals to be held in pretrial detention indefinitely in cases involving terrorism or “violations of state security.” There is a functioning bail system for less serious criminal charges. The PPO may order the detention of any person accused of a crime under the counterterrorism law for up to 30 days, renewable up to 12 months, and in state security cases up to 24 months with a judge’s approval.

By law defendants accused of any crime cited in the law are entitled to hire a lawyer to defend themselves before the court “within an adequate period of time to be decided by the investigatory body.” In cases involving terrorism or state security charges, detainees generally did not have the right to obtain a lawyer of their choice. The government provided lawyers to defendants who made a formal application to the Ministry of Justice to receive a court-appointed lawyer and proved their inability to pay for their legal representation.

There were reports authorities did not always allow legal counsel access to detainees who were under investigation in pretrial detention. Authorities indicated a suspect could be held up to 12 months in investigative detention without access to legal counsel if authorized by prosecutors. Judicial proceedings begin after authorities complete a full investigation.

The king continued the tradition of commuting some judicial punishments. Royal pardons sometimes set aside a conviction and sometimes reduced or eliminated corporal punishment. The remaining sentence could be added to a new sentence if the pardoned prisoner committed a crime subsequent to release.

Authorities commuted the sentences of some who had received prison terms. The counterterrorism law allows the PPO to stop proceedings against an individual who cooperates with investigations or helps thwart a planned terrorist attack. The law authorizes the SSP to release individuals already convicted in such cases.

Arbitrary Arrest: Rights groups received reports from families claiming authorities held their relatives arbitrarily or without notification of charges. During the year authorities detained without charge security suspects, persons who publicly criticized the government, Shia religious leaders, individuals with links to rights activists, and persons accused of violating religious standards.

On September 4, Prisoners of Conscience reported that the SCC sentenced six academics and journalists detained in 2017, including Abdullah al-Maliki, Fahd al-Sunaidi, Khalid al-Ajeemi, Ahmed al-Suwayan, Ibrahim al-Harthi, and Yousef al-Qassem, to prison sentences of three to seven years. Saudi rights activist Yahya al-Assiri stated the men were arbitrarily detained and that their convictions were based on solely on tweets.

Pretrial Detention: In August, ALQST and the Geneva-based MENA Rights Group lodged a complaint to the UN Working Group on Arbitrary Detention and the Special Procedures of the UN Human Rights Council in Geneva over the “arbitrary” detention of Prince Salman bin Abdulaziz bin Salman and his father. In 2018 Prince Salman was detained along with 11 other princes after they staged what the PPO called a “sit-in” at a royal palace in Riyadh to demand the state continue to pay their electricity and water bills. Sources told AFP that the prince and his father have never been interrogated or charged since their detention began more than two and a half years ago.

Incommunicado detention was also a problem (see section 1.b.). Authorities reportedly did not always respect a detainees’ right to contact family members following detention, and the counterterrorism law allows the investigatory body to hold a defendant for up to 90 days in detention without access to family members or legal counsel (and the SCC may extend such restrictions beyond this period). Security and some other types of prisoners sometimes remained in prolonged solitary detention before family members or associates received information of their whereabouts, particularly for detainees in Mabahith-run facilities.

On September 6, HRW stated authorities denied some prominent detainees, including former crown prince Mohammed bin Nayef and Muslim scholar Salman al-Odah, contact with their family members and lawyers for months. After almost three months in incommunicado detention, according to HRW, family members of women’s rights activist Loujain al-Hathloul said authorities allowed her parents to visit on August 31, following her six-day hunger strike; she started another hunger strike October 26 in protest of prison conditions (see section 1.e., Political Prisoners and Detainees).

Detainees Ability to Challenge Lawfulness of Detention before a Court: Under the law detainees are not entitled to challenge the lawfulness of their detention before a court. In the case of wrongful detention, the law of criminal procedure, as well as provisions of the counterterrorism law, provide for the right to compensation if detainees are found to have been held unlawfully.

Senegal

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; however, the government did not always observe these prohibitions. Detainees are legally permitted to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained; however, this rarely occurred due to lack of adequate legal counsel. In a January 2019 policy directive, the minister of justice instructed prosecutors to visit detention facilities on a regular basis to identify detainees with pending criminal dossiers to minimize use of detention for unofficial, extrajudicial purposes.

The government did not have effective mechanisms to punish abuse and corruption. The Criminal Investigation Department (DIC) is in charge of investigating police abuses but was ineffective in addressing impunity or corruption (see section 4, Corruption). An amnesty law covers police and other security personnel involved in “political crimes” committed between 1983 and 2004, except for killings in “cold blood.” The Regional Court of Dakar includes a military tribunal that has jurisdiction over crimes committed by military personnel. A tribunal is composed of a civilian judge, a civilian prosecutor, and two military assistants to advise the judge, one of whom must be of equal rank to the defendant. A tribunal may try civilians only if they were involved with military personnel who violated military law. A military tribunal provides the same rights as a civilian criminal court.

Arrest Procedures and Treatment of Detainees

Unless a crime is “flagrant” (just committed or discovered shortly after being committed), police must obtain a warrant from a court to arrest or detain a suspect. Police treat most cases as “flagrant” offenses and make arrests without warrants, invoking pretrial detention powers. The DIC may hold persons up to 24 hours before releasing or charging them. Authorities did not promptly inform many detainees of the charges against them. Police officers, including DIC officials, may double the detention period from 24 to 48 hours without charge if they demonstrate substantial grounds for a future indictment and if a prosecutor so authorizes. If such extended detention is authorized, the detainee must be brought in front of the prosecutor within 48 hours of detention. For particularly serious offenses, investigators may request a prosecutor double this period to 96 hours. Authorities have the power to detain terrorist suspects for an initial 96 hours, and with renewals for a maximum of 12 days. The detention period does not formally begin until authorities officially declare an individual is being detained, a practice Amnesty International noted results in lengthy detentions.

Bail was rarely available, and officials generally did not allow family access. By law defense attorneys may have access to suspects from the moment of arrest and may be present during interrogation; this provision, however, was not regularly observed. The law provides for legal representation at public expense in felony cases to all criminal defendants who cannot afford one after the initial period of detention. In many cases, however, the appointed counsel rarely shows up, especially outside of Dakar. Indigent defendants did not always have attorneys in misdemeanor cases. A number of NGOs provided legal assistance or counseling to those charged with crimes. The Ministry of Justice published a policy directive in 2018 mandating counsel for defendants when questioning begins.

Arbitrary Arrest: On June 21, the Gendarmerie arrested a former civil servant after he published an open letter to President Sall in the press denouncing Sall’s alleged mismanagement of the country. Authorities released him the following day.

Pretrial Detention: According to 2018 UN statistics, 45 percent of the prison population consisted of pretrial detainees. In late 2019 the country’s authorities reported the percentage to be 42 percent. A majority of defendants awaiting trial are held in detention. The law states an accused person may not be held in pretrial detention for more than six months for minor crimes; however, authorities routinely held persons in custody until a court ordered their release. Judicial backlogs and absenteeism of judges resulted in an average delay of two years between the filing of charges and the beginning of a trial. In cases involving murder charges, threats to state security, and embezzlement of public funds, there were no limits on the length of pretrial detention. In many cases pretrial detainees were held longer than the length of sentence later imposed.

On June 30, the legislature passed two laws authorizing Electronic Monitoring (EM) as an alternative to incarceration. Once operational the EM system is designed to allow criminal courts to release certain defendants awaiting trial and other first-time offenders convicted of low-risk crimes to home detention, where electronic bracelets would monitor their movements. The bracelet system is intended to relieve chronic overreliance on pretrial detention and thereby reduce the prison population.

Serbia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained. The government generally observed these requirements. Despite improvements to pretrial procedures, prolonged pretrial confinement remained a problem.

Arrest Procedures and Treatment of Detainees

Law enforcement authorities generally based arrests on warrants issued by a prosecutor or a judge. The constitution states that police must inform arrested persons of their rights immediately at the time of arrest, and authorities generally respected this requirement. Police may not question suspects without informing them of their right to remain silent and have counsel present. A prosecutor can elect to question a suspect or be present during police questioning. Statements given by suspects to police without a prosecutor present are admissible evidence only if given in presence of a defense attorney.

The law requires a judge to approve pretrial detention lasting longer than 48 hours, and authorities generally respected this requirement. The law provides alternatives to pretrial detention such as house arrest or bail, although in practice prosecutors and judges applied pretrial detention. The most frequently used alternative was house arrest, with or without electronic monitoring. Authorities generally allowed family members to visit detainees. The law allows for indefinite detention of prisoners deemed a danger to the public because of a mental disability.

Detainees can obtain access to counsel at the government’s expense only if they are charged with offenses that carry a possible prison sentence of at least three years and establish that they cannot afford counsel or if the law specifically requires it for that type of case and circumstances. For offenses with sentences of eight or more years, access to counsel is mandatory. Detainees who are eligible for social welfare qualify for free legal aid regardless of the seriousness of the charge they face.

The law prohibits excessive delays by authorities in filing formal charges against suspects and in conducting investigations. Authorities may hold suspects detained in connection with serious crimes for up to six months before indicting them. By law investigations should conclude either within six months or within 12 months in cases of special jurisdiction (organized crime, high corruption, and war crimes). If a prosecutor does not conclude an investigation within six months, or within 12 months in cases of special jurisdiction, the prosecutor is required to inform the higher-level prosecutor’s office, which is then required to undertake measures to conclude the investigation. In practice investigations often lasted longer because there were neither clear timelines for concluding investigations nor any consequences for failing to meet prescribed deadlines.

Pretrial Detention: Prolonged pretrial detention remained a problem. The average length of detention was not reported and could not be reliably estimated. Courts are generally obliged by law to act with urgency when deciding on pretrial detention. The constitution and laws limit the length of pretrial detention to six months, but there is no statutory limit to detention once the defendant is indicted. There is also no statutory limit for detention during appellate proceedings. Due to inefficient court procedures, some of which are legally required, cases often took extended periods to come to trial. The law provides a right to request compensation for the time spent in wrongful detention, i.e., pretrial detention during trials that ended in acquittal. Media reported that every year courts imposed approximately 50,000 days of wrongful detention and the amount of compensation paid to suspects who face wrongful detention exceeded one million euros ($1.2 million). In April the Ministry of Justice reported 150 individuals had been placed in pretrial detention due to violation of COVID-19 self-isolation measures. There were concerns regarding the lawfulness of such detention because it was based on a recommendation by the Ministry of Justice that prosecutors request pretrial detention in these cases.

Seychelles

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires warrants for arrests, except for persons arrested under the Misuse of Drugs Act that allows police to arrest and detain persons suspected of drug possession, use, importation, and trafficking. Individuals arrested must be brought before a magistrate within 24 hours, with allowance made for travel from distant islands. Police generally respected this requirement. The law provides for detention without criminal charge for up to 14 days if authorized by court order. Authorities generally notified detainees of the charges against them and generally granted family members prompt access to them. Detainees have the right to legal counsel, and indigents generally received free counsel on all cases, including felony cases. Courts allowed bail in most cases.

Pretrial Detention: The law provides that remand (pretrial) prisoners be released on bail after six months of detention if their cases have not been heard. Court backlogs led to lengthy pretrial detention in previous years, but the government continued effective reforms instituted in 2019 to decrease the prison population. Supreme Court processes for both civil and criminal cases continued to improve, decreasing the average duration of civil cases from 499 days in 2019 to 389 days in early 2020, and the average duration of criminal cases from 427 days in 2019 to 328 days in early 2020.

Singapore

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention. The law permits arrest without warrant and detention without trial in defined circumstances. Persons detained under these circumstances have a right to judicial review of their case but the scope is limited by specific legislation. The government generally observed the laws.

Arrest Procedures and Treatment of Detainees

In most instances, the law requires issuance of an authorized warrant for arrests, but some laws, such as the Internal Security Act (ISA), provide for arrest without a warrant if the government determines the suspect acted in a manner prejudicial to the security of the country. The law specifies that some offenses, such as robbery or rape, do not require an arrest warrant.

Those arrested according to regular criminal procedure must appear before a magistrate within 48 hours or be released. Authorities expeditiously charged and brought to trial the majority of those arrested. A functioning bail system existed.

Persons who face criminal charges are allowed access to counsel within a “reasonable,” but undefined, period of time. Any person accused of a capital crime is entitled to free counsel assigned by the state. The government also funded a Criminal Legal Aid Scheme run by the Law Society that covers additional, but not all, criminal offenses.

Arbitrary Arrest: Some laws, such as the ISA and the Criminal Law (temporary provisions) Act (CLA), have provisions for arrest and detention without a warrant, trial, or full judicial due process in defined circumstances where there is evidence that a person is associated with any of the criminal activities listed in the law that pose a threat to public safety, peace, and good order. ISA cases are subject to review by the courts to provide for compliance with its procedural requirements. Authorities invoked the ISA primarily against persons suspected of posing a security threat and employed the CLA mostly against persons suspected of organized crime activity or drug trafficking.

Pretrial Detention: Pretrial detention was not excessively long. Some individuals, however, were in prolonged detention without trial and with minimal judicial due process under laws that allowed for such detention.

The ISA and the CLA permit preventive detention without trial for the protection of public security, safety, or the maintenance of public order.

The government used the CLA against serious criminal activities involving narcotics, loan sharks, or criminal organizations. The government revised the law in 2019 to specify the criminal activities for which individuals could be detained without trial or placed under police supervision. Before issuing a CLA detention for an initial period of one year, the home affairs minister must obtain consent of the public prosecutor. A Supreme Court judge chairs a committee that reviews all cases and conducts hearings at which detainees or their lawyers are present. The country’s president considers the committee’s recommendations when deciding whether to cancel, confirm, or amend the detention. The president may extend detention for unlimited additional periods of up to one year at a time. Each detention, however, is reviewed by a separate advisory committee on an annual basis. The CLA lapses unless parliament renews it every five years.

The CLA allows for supervision within the community through means such as curfews, residence limitations, requirements to report regularly to authorities, and limitations on travel.

The ISA authorizes the home affairs minister, with the consent of the cabinet and with formal endorsement from the president, to order detention without filing charges if the minister determines that a person poses a threat to national security. The initial detention may be for a maximum of two years, after which the minister may renew the detention indefinitely. ISA detainees are permitted legal counsel. An independent advisory board consisting of a Supreme Court judge and two other presidential appointees reviews each detainee’s case within three months of initial detention and at intervals of no longer than 12 months thereafter. If the advisory board recommends that the detainee be released but the minister disagrees, the president has discretion over the detainee’s continued detention.

As of September the government held 18 persons under ISA orders of detention for alleged involvement in terrorism-related activities.

In January authorities detained a minor, age 17, under the ISA for supporting the Islamic State, the youngest individual to be arrested under the act. He was first investigated in 2017 for posting an image of President Halimah Yacob on social media and calling for her beheading. Authorities stated that, despite receiving religious counseling, he remained supportive of the Islamic State and was subsequently detained.

In November authorities detained a 26-year-old construction worker from Bangladesh under the ISA for suspected terrorism-related activities. The worker was reportedly radicalized by online ISIS propaganda, donated funds to a Syria-based organization, shared terrorist propaganda on social media, and intended to undertake armed violence once he returned to Bangladesh, according to the Ministry of Home Affairs.

Early in the year, three Indonesian women held under ISA detention orders in September 2019 for activities in support of the Islamic State were convicted of terrorism financing in normal criminal proceedings. In February, Retno Hernayani and Turmini (one name only) were imprisoned for 18 months and three years and nine months, respectively, while Anindia Afiyantari was sentenced in March to two years in prison. They were the first foreign domestic workers to be detained under the ISA and the first jailed for terrorist financing.

In addition to detention, the ISA allows for issuance of restriction orders that require an individual to seek official approval for a change of address or occupation, overseas travel, or participation in any public organization or activity. Individuals subject to restriction orders could be required to report regularly to authorities. As of September, 27 persons were subject to such restrictions. This number included both released ISA detainees and alleged terrorists whom authorities never detained.

In February the Ministry of Home Affairs announced that Abu Thalha bin Samad was released on a restriction order when his detention order expired in September 2019. Abu Thalha, a Singaporean, was deported to Singapore by a regional government in 2017 and detained for being an alleged member of the terrorist group Jemaah Islamiyah.

There is also a category of restriction called “suspension direction” that replaces a suspended order of detention and may prohibit association with specified groups or individuals and overseas travel without prior written government approval. Suspension directions also include reporting conditions. As of September no individuals were subject to them for terrorism-related conduct.

The drug laws permit detention without judicial approval of drug addicts in an approved institution for treatment and rehabilitation. If a suspected drug abuser tests positive for an illegal drug or displays signs of drug withdrawal, the director of the Central Narcotics Bureau may commit the person to a drug rehabilitation center for a six-month period, which a review committee of the institution may extend for a maximum of three years. By law the bureau director may order treatment as long as six months of a person determined by blood test or medical examination to be an abuser of intoxicating substances. The detained individual has the right to file a complaint to a magistrate who can issue an order to release the individual from the institution.

Detainees Ability to Challenge Lawfulness of Detention before a Court: The constitution provides the right of habeas corpus in regular criminal law, although not in ISA or CLA cases.

Under the CLA, the minister for home affairs’ decision on a suspect’s engagement in criminal activities is final and not subject to appeal, as is the minister’s subsequent decision on whether detention is necessary for reasons of public safety, peace, and good order, once concurrence by the public prosecutor is secured. The courts can review the decision, but only based on the tests of illegality, irrationality, and procedural impropriety.

Persons detained under the CLA and remanded for trial may apply to the courts for a writ of habeas corpus. Persons detained without trial under the CLA may challenge the substantive basis for their detention only to the CLA advisory committee, which is chaired by a Supreme Court judge.

Under the ISA, detainees may challenge their detention in the judicial system only by seeking judicial review of whether their detention complied with procedural requirements of the ISA; they have no right to challenge the substantive basis for their detention through the courts. Detainees under the ISA have a right to legal counsel and to make representations to an advisory board chaired by a past or sitting judge of the Supreme Court. The ISA specifically excludes recourse to the normal judicial system for review of a detention order made under its authority.

Slovakia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and the law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The constitution and law stipulate that authorities may take a person into custody only for explicit reasons and must inform a detainee immediately of the reasons for detention. Persons are apprehended only with warrants issued by a judge or prosecutor based on evidence, and there were no reports of individuals detained without judicial authorization. Suspects in terrorism cases can be held for 96 hours. In other cases a court must grant a hearing to a person accused of a crime within 48 hours (or a maximum of 72 hours in “serious cases,” defined as violent crimes, treason, or other crimes carrying a sentence of at least eight years’ imprisonment) and either release or remand the individual into custody.

The bail system rarely was used. The law gives detainees the right to consult an attorney immediately after authorities submit charges, and authorities must inform them of this right. The law provides counsel to indigent detainees free of charge. This right, however, was not fully respected in practice and authorities did not systematically inform detainees of their right to access a lawyer or right to an ex officio lawyer free of charge. The law allows attorneys to visit detainees as frequently as necessary and allows two-hour monthly family visits upon request. There were no reports of suspects detained incommunicado or held under house arrest.

Slovenia

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 and provide for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Police generally made arrests with warrants issued by a prosecutor or judge based on evidence. Authorities may detain suspects for 48 hours before charging them. The law requires authorities to inform suspects of their rights immediately after arrest and to advise detainees in writing within six hours (or within three hours for minor offenses) of the reasons for their arrest. Suspects must have prompt access to a judge to assess whether they qualify for release on bail or should remain incarcerated pending trial. Authorities generally released defendants on bail except in the most serious criminal cases. The law provides for prompt access to immediate family members and detention under house arrest.

Upon arrest, detainees have the right to contact legal counsel of their choice and the right to counsel during interrogations, and the government protected these rights. While indigent defendants have the right to an attorney provided at public expense, there was no formal system for providing such legal counsel. The NGO Legal Information Center and the government’s Free Legal Aid Office made free counsel available to indigents. In a 2017 report, the committee for the Prevention of Torture expressed concern that persons unable to pay for a lawyer could not, as a rule, benefit from the right of access to a lawyer from the outset of their detention. The report noted, “ex officio lawyers would only be appointed if such an appointment was considered ‘in the interests of justice’ and, if appointed, they would meet detainees only after police questioning, very briefly before the court hearing.” Such practices remained common for persons facing minor offenses, but indigent defendants facing serious criminal charges generally had access to an attorney throughout legal proceedings provided at public expense.

South Africa

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 and provide for the right of any person to challenge the lawfulness of arrest or detention in court. The government generally observed these requirements; however, there were numerous cases of arbitrary arrest of foreign workers, asylum seekers, and refugees.

Arrest Procedures and Treatment of Detainees

The law requires that a judge or magistrate issue arrest warrants based on sufficient evidence. Police must promptly inform detainees of the reasons for their detention, their right to remain silent, and the consequences of waiving that right. Police must charge detainees within 48 hours of arrest; hold them in conditions respecting human dignity; allow them to consult with legal counsel of their choice at every stage of their detention (or provide them with state-funded legal counsel); and permit them to communicate with relatives, medical practitioners, and religious counselors. The government often did not respect these rights. Police must release detainees (with or without bail) unless the interests of justice require otherwise, although bail for pretrial detainees often exceeded what suspects could pay.

Arbitrary Arrest: During the year there were numerous cases of arbitrary arrest, particularly of foreign workers, asylum seekers, and refugees. NGOs and media outlets reported security forces arbitrarily arrested migrants and asylum seekers–including those with proper documentation–often because police were unfamiliar with migrant and asylum documentation. In some cases police threatened documented migrants and asylum seekers with indefinite detention and bureaucratic hurdles unless they paid bribes. The law prohibits the detention of unaccompanied migrant children for immigration law violations, but NGOs reported the Department of Home Affairs (DHA) and SAPS nevertheless detained them.

Legal aid organizations reported police frequently arrested persons for minor crimes for which the law stipulates the use of a legal summons. Arrests for offenses such as common assault, failure to provide proof of identity, or petty theft sometimes resulted in the unlawful imprisonment of ordinary citizens alongside hardened criminals, which created opportunities for physical abuse. Human rights activists condemned the arrests and complained some of the individuals were undocumented because the DHA failed to reopen a refugee center in Cape Town, despite a court order. In October 2019 hundreds of refugees and asylum seekers encamped outside the offices of the UN High Commissioner for Refugees (UNHCR) in Cape Town and Pretoria, claiming they were not safe in South Africa, demanding resettlement to third countries. In October 2019 SAPS removed protesters from UNHCR’s Cape Town office and in November 2019 from the UNHCR Pretoria office. Approximately 180 male protesters were arrested, charged, and convicted of trespassing on the UNHCR compound, most of whom received suspended sentences and were released. As of November approximately 60 protesters remained in prison, having rejected the option of release.

Pretrial Detention: Lengthy pretrial detention was common. According to the Department of Correctional Services 2019-2020 Annual Report the pretrial population averaged 47,233 detainees, 33 percent of the total inmate population. According to the DCS, detainees waited an average of 176 days before trial. Observers attributed the high rate of pretrial detention to arrests based on insufficient evidence for prosecution, overburdened courts, poor case preparation, irregular access to public defenders, and prohibitive bail amounts. Police often held detainees while prosecutors developed cases and waited for court dates. Legal scholars estimated less than 60 percent of those arrested were convicted. The law requires a review in cases of pretrial detention of more than two years’ duration. The pretrial detention frequently exceeded the maximum sentence for the alleged crime.

South Korea

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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.

The National Security Law (NSL), in effect since 1948, grants authorities the power to detain, arrest, and imprison persons believed to have committed acts intended to endanger the “security of the state.” Domestic and international NGOs continued to call for reform or repeal of the law, contending its provisions do not clearly define prohibited activity and that it is used to intimidate and imprison individuals exercising their right to freedom of expression. By law the National Intelligence Service investigates activities that may threaten national security. Civil society groups argued that the agency’s powers and a lack of oversight enabled it to define its mandate overly broadly.

Arrest Procedures and Treatment of Detainees

The law requires warrants in cases of arrest, detention, seizure, or search unless authorities apprehend a person when committing a criminal act, a judge is not available, or if authorities believe a suspect may destroy evidence or flee if not arrested quickly. In such cases a public prosecutor or police officer must prepare an affidavit of emergency arrest immediately upon apprehension of the suspect. Authorities may not interrogate for more than six hours a person who voluntarily submits to questioning at a police station. Authorities must either indict or release an arrested suspect within 20 days. The law allows 10 additional days of detention in exceptional circumstances. The Supreme Prosecutor’s Office issues warrants in 15 foreign languages, including English, Chinese, Vietnamese, Tagalog, Thai, Khmer, Urdu, and Burmese.

There is a bail system. By law bail is authorized except for repeat offenders; those deemed a flight risk, danger to the public, or likely to attempt to destroy evidence; those charged with committing serious offenses; and those who have no fixed address. Even if one of the above justifications applies, a court may still grant bail if there is a “substantial reason” to do so.

The law provides for the right to representation by an attorney, including during police interrogation. There were no reports of denial of access to counsel. There are no restrictions on access to a lawyer, but authorities may limit a lawyer’s participation in an interrogation if the lawyer obstructs the interrogation or impedes an investigation. During the trial stage, and under certain circumstances during the pretrial stage, an indigent detainee may request that the government provide a lawyer.

Access to family members during detention varied according to the severity of the crime.

Spain

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 and provide 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 permits police to apprehend suspects for probable cause or with a warrant based on sufficient evidence as determined by a judge. With certain exceptions police may not hold a suspect for more than 72 hours without a hearing. In certain rare instances involving acts of terrorism, the law allows authorities, with the authorization of a judge, to detain persons for up to five days prior to arraignment. Authorities generally informed detainees promptly of the charges against them. These rights were respected. The country has a functioning bail system, and the courts released defendants on bail unless they believed the defendants might flee or be a threat to public safety. If a potential criminal sentence is less than three years, the judge may decide to set bail or release the accused on his own recognizance. If the potential sentence is more than three years, the judge must set bail. The law provides detainees the right to consult a lawyer of their choice. If the detainee is indigent, the government appoints legal counsel.

The law allows incommunicado detention when there is a threat to the detainee’s life or physical integrity, or a need to avoid compromising criminal proceedings. Under the law incommunicado detention can only be applied by judicial order and is limited to 10 days’ duration. In certain rare instances involving acts of terrorism, a judge may order incommunicado or solitary detention for the entire duration of police custody. The law stipulates that terrorism suspects held incommunicado have the right to an attorney and medical care, but it does not allow them either to choose an attorney or to see a physician of their choice. The court-appointed lawyer is present during police and judicial proceedings, but detainees do not have the right to confer in private with the lawyer.

Sri Lanka

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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, but there were reports that arbitrary arrest and detention occurred.

Arrest Procedures and Treatment of Detainees

The criminal procedure code allows police to make an arrest without a warrant for offenses such as homicide, theft, robbery, and rape. Alternatively, police may make arrests pursuant to arrest warrants that judges and magistrates issue based on evidence. The law requires authorities to inform an arrested person of the reason for the arrest and arraign that person before a magistrate within 24 hours for minor crimes, 48 hours for some grave crimes, and 72 hours for crimes covered by the PTA. Ministry of Justice officials noted that due to the limited infrastructure as well as human resources and legal constraints, in many cases more time elapsed before detainees appeared before a magistrate, particularly in PTA cases. For offenses that are bailable under the Bail Act, instead of arraignment in court, police may release suspects within 24 hours of detention on a written undertaking and require them to report to court on a specified date for pretrial hearings. Suspects accused of committing bailable offenses are entitled to bail, administered by police before seeing a magistrate. For suspects accused of nonbailable offenses, bail is granted only after appearing before a magistrate and at the magistrate’s discretion.

The Bail Act states no person should be held in custody for more than 12 months prior to conviction and sentencing without a special exemption. Under the PTA, detainees may be held for up to 18 months without charge, but in practice authorities often held PTA detainees for longer periods, some for more than 10 years.

Judges require approval from the Attorney General’s Department to authorize bail for persons detained under the PTA, which the office normally did not grant. In homicide cases, regulations require the magistrate to remand the suspect, and only the High Court may grant bail. In all cases, suspects have the right to legal representation, although no provision specifically provides the right of a suspect to legal representation during interrogations in police stations and detention centers. The government provided counsel for indigent defendants in criminal cases before the High Court and Court of Appeal but not in other cases; the law requires the provision of counsel only for cases heard at the High Court and Court of Appeal.

According to police, authorities arrested 2,299 individuals, primarily under the PTA, in the aftermath of the April 2019 Easter Sunday attacks. As of December, 135 suspects remained in custody, but no charges were filed against them. International NGOs continued to have access to the remaining attack suspects.

Arbitrary Arrest: As of October the National Police Commission reported 17 complaints of unlawful arrest or detention. The HRCSL received numerous complaints of arbitrary arrest and detention. Police sometimes held detainees incommunicado, and lawyers had to apply for permission to meet clients, with police frequently present at such meetings. In some cases, unlawful detentions reportedly included interrogations involving mistreatment or torture. While the government did not report the number of persons held under the PTA, human rights groups in the north reported at least 22 PTA arrests unrelated to the 2019 Easter Sunday attacks during the year. On April 1, the inspector general of police ordered the arrest of critics of the government’s COVID-19 response. Media outlets reported at least 20 arrests for publishing or sharing misinformation as of December.

On April 14, police arrested six men under the PTA, including Hijaz Hizbullah, a prominent constitutional lawyer, and Riyaj Bathiudeen, brother of MP Rishad Bathiudeen. Authorities searched Hizbullah’s office and seized his telephone, computer, and some legal files. Hizbullah, an outspoken critic of the Rajapaksas, had led the Supreme Court challenge that ultimately ended the 2018 constitutional crisis when then president Maithripala Sirisena attempted to appoint Mahinda Rajapaksa prime minister. Hizbullah was ordered to be detained until January 2021, although he was not charged with a crime. Hizbullah’s family reported his lawyers were only able to visit him twice since his arrest and police prohibited them from discussing details of the case with their client. On December 15, the attorney general agreed to allow counsel to meet Hizbullah after his lawyers filed a writ application at the Court of Appeal seeking access to their client. Authorities allegedly arrested Hizbullah and others for their connections to the 2019 Easter Sunday attack, but human rights lawyers claimed no credible evidence had been presented to link Hizbullah to the attack.

Families of three Muslim children alleged that, at the end of April, police abducted and interrogated the children, ages 11, 13, and 16, for two days on suspicion they received weapons training as a part of their schooling at al-Zuhriya Arabic College, an Islamic boarding school. The children’s families claimed police investigators threatened the children and coerced them to sign documents they could not understand implicating Hizbullah in promoting extremist ideology.

Pretrial Detention: Pretrial detainees composed approximately one-half of the detainee population. The average length of time in pretrial detention was 24 hours, but inability to post bail, lengthy legal procedures, judicial inefficiency, and corruption often caused delays. Legal advocacy groups asserted that for those cases in which pretrial detention exceeded 24 hours, it was common for the length of pretrial detention to equal or exceed the sentence for the alleged crime.

Detainees Ability to Challenge Lawfulness of Detention before a Court: A person may legally challenge an arrest or detention and obtain release through the courts. The legal process takes years, however, and the Center for Human Rights Development reported that the perceived lack of judicial independence and minimal compensation discouraged individuals from seeking legal remedies. Under the PTA, the ability to challenge detentions is particularly limited.

Suriname

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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

Police apprehended individuals openly with warrants based on sufficient evidence and brought them before an independent judiciary. The law provides that detainees be brought before a judge within seven days to determine the legality of their arrest, and courts generally met the seven-day deadline. An assistant district attorney or a police inspector may authorize incommunicado detention. If additional time is needed to investigate the charge, a judge may extend the detention period in 30-day increments up to a total of 150 days. There is no bail system. Release pending trial is dependent on the type of crime committed and the judge handling the case. Detainees receive prompt access to counsel of their choosing, but the prosecutor may prohibit access if the prosecutor believes access could harm the investigation. Legal counsel is provided at no charge for indigent detainees. Detainees are allowed weekly visits from family members.

Pretrial Detention: The Court of Justice made significant progress in the processing of new criminal cases, which resulted in detainees spending less time in pretrial detention. Nonetheless, there was still a backlog, which the court was working to reduce.

In August police launched an internal investigation into the release of photographs showing minors who were detained for allegedly committing murder. Police authorities acknowledged the release of the pictures was in violation of the UN Convention on the Rights of the Child, which requires additional protection of the identity of minors who are detained.

In keeping with COVID-19 precautionary measures, the Court of Justice put in place an alternative system that allows judges to question detainees via telephone with their lawyers present in order to meet required deadlines. In multiple cases defense attorneys were able to plead for their clients to be released pending trial, citing the threat of COVID-19 infection. Potential release also considered the type of crime committed.

Sweden

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 and provide 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 requires warrants based on evidence and issued by duly authorized officials for arrests. Police must file charges within six hours against persons detained for disturbing public order or considered dangerous and within 12 hours against those detained on other grounds. Police may hold a person six hours for questioning or as long as 12 hours if deemed necessary for the investigation, without a court order. After questioning, authorities must either arrest or release an individual, based on the level of suspicion. If a suspect is arrested, the prosecutor has 24 hours (or three days in exceptional circumstances) to request continued detention. Authorities must arraign an arrested suspect within 48 hours and begin initial prosecution within two weeks unless there are extenuating circumstances. Authorities generally respected these requirements.

Although there is no system of bail, courts routinely released defendants pending trial unless authorities considered them dangerous, had reason to believe they would tamper with witnesses or evidence, or believed the suspect might leave the country. The law affords detainees prompt access to lawyers. A 2015 CPT report noted that access to legal counsel at times was delayed. A suspect has a right to legal representation when the prosecutor requests his detention beyond 24 hours (or three days in exceptional circumstances). Detainees may retain a lawyer of their choice. In criminal cases the government is obligated to provide an attorney, regardless of the defendant’s financial situation.

Restrictive conditions for prisoners held in pretrial custody remained a problem, although the law includes the possibility of appealing a decision to impose specific restrictions to the court of appeals and ultimately to the Supreme Court. Restrictions can be imposed on detainee’s rights to be held with other detainees, interact with others, follow events in the outside world, be in the possession of newspapers and magazines, see visitors, communicate with others by electronic means, and send or receive mail. Such restrictions may only be applied if there is a risk that a suspect will tamper with evidence or otherwise impede the investigation of the matter at issue.

By law a detainee not under restriction has the right to be with others during daytime hours. According to the Swedish Prison and Probation Service, 68 percent of those who ended a pretrial custody some time during 2019 had been under some kind of restriction at the beginning of their custody. The Swedish Prison and Probation Service failed to provide 30 percent of persons held in pretrial custody in 2019 with at least two hours per day of meaningful social interaction, which is the UN minimum. The government reimburses defendants found not guilty for damages suffered during pretrial detention.

Switzerland

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

By law police must apprehend criminal suspects based on warrants issued by a duly authorized official unless responding to a specific and immediate danger. In most instances, authorities may not hold a suspect more than 24 hours before bringing the suspect before a prosecutor or investigating magistrate, who must either formally charge a detainee or order his or her release. Authorities respected these rights. Immigration authorities may detain asylum seekers and other foreigners without valid documents up to 96 hours without an arrest warrant.

There is a functioning bail system, and courts granted release on personal recognizance or bail unless the magistrate believed the person charged to be dangerous or a flight risk. Alternatives to bail include having suspects report to probation officers and imposing restraining orders on suspects. Authorities may deny a suspect legal counsel at the time of detention or initial questioning, but the suspect has the right to choose and contact an attorney before being charged. The state provides free legal assistance for indigents charged with crimes carrying a possible prison sentence.

The law allows police to detain minors between ages 10 and 18 for a “minimal period” but does not explicitly state the length. Without an arraignment or arrest warrant, police may detain young offenders for a maximum of 24 hours (48 hours during weekends).

Pretrial Detention: Humanrights.ch claimed that lengthy pretrial detention was a problem. Approximately 27.5 percent of all prisoners were in pretrial detention. The average length of time was 2.1 months. The country’s highest court ruled pretrial detention must not exceed the length of the expected sentence for the crime for which a suspect is charged.

Taiwan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and relevant laws prohibit arbitrary arrest and detention and provide for the right of defendants to challenge the lawfulness of their detention in court, and the authorities generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires a warrant or summons, except when there is sufficient reason to believe the suspect may flee or in urgent circumstances, as specified in the code of criminal procedures. Courts may release indicted persons on bail. Prosecutors must apply to the courts within 24 hours after arrest for permission to continue detaining a suspect. Authorities generally observed these procedures, and trials usually took place within three months of indictment. Prosecutors may apply to a court for approval of pretrial detention of an unindicted suspect for a maximum of two months, with one possible two-month extension. Prosecutors may request pretrial detention in cases in which the potential sentence is five years or more and when there is a reasonable concern the suspect could flee, collude with other suspects or witnesses, or tamper with or destroy material evidence.

The law allows defendants and their lawyers access to case files and evidence while in pretrial detention. The law also stipulates defendants must be assisted by a lawyer while in detention. For those who cannot afford to hire one, a public defender will be appointed. The law also specifies suspects may not be interrogated late at night.

The judicial branch (Judicial Yuan) and the National Police Agency operated a program to provide legal counsel during initial police questioning of indigenous suspects, qualifying indigent suspects who have a mental disability, or persons charged with a crime punishable by three or more years in prison. Detained persons may request the assistance of the Legal Aid Foundation, a publicly funded independent statutory organization that provides professional legal assistance through its 22 branch offices to persons who might not otherwise have legal representation. During regular consultations with police and when participating in police conferences, Legal Aid Foundation officials remind police of their obligation to notify suspects of the existence of such counseling. Authorities can detain a suspect without visitation rights, except for legal counsel, or hold a suspect under house arrest based on a prosecutor’s recommendation and court decision. The law affords the right of compensation to those whom police have unlawfully detained.

Tajikistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Arbitrary arrests were common and the law does not prohibit the practice. The law states that police must prepare a detention report and inform the prosecutor’s office of an arrest within 12 hours and file charges within 10 days. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but use of this provision was limited. Few citizens were aware of their right to appeal an arrest, and there were few checks on the power of police and military officers to detain individuals. Human rights activists reported incidents of forced military conscription, including of persons who should have been exempted from service.

Arrest Procedures and Treatment of Detainees

The law provides that police may detain a suspect for up to 12 hours before authorities must decide whether to open a criminal case against the individual. If authorities do not file charges after 12 hours, the individual must be released, but police often did not inform detainees of the arrest charges even if ones were filed. If police file criminal charges, they may detain an individual for 72 hours before they must present their charges to a judge for an indictment hearing. Judges are empowered to order detention, house arrest, or bail pending trial.

According to law, family members are allowed access to prisoners after indictment, but prisoners are often denied access to visitors. The law states that a lawyer is entitled to be present at interrogations at the request of the detainee or lawyer, but in many cases, authorities did not permit lawyers timely access to their clients, and initial interrogations occurred without them. Detainees suspected of crimes related to national security or extremism were held for extended periods without being formally charged.

Arbitrary Arrest: The government generally provided a rationale for arrests, but detainees and civil society groups frequently reported that authorities falsified charges or inflated minor incidents to make politically motivated arrests. According to Human Rights Watch, the country has arbitrarily detained and imprisoned more than 150 individuals on politically motivated charges since 2015.

On January 28, the prosecutor general reported that the government had detained 113 suspected members of “Ikhwon-ul-muslimin” (“Muslim Brotherhood”), a group banned and labelled as an extremist organization by the government in 2006. Prosecutor General Yusuf Rahmon announced that while detainees were members of the clergy, teachers, and employers of various universities, the group’s goal was to overthrow the government and establish an Islamic state. In February authorities released from custody about 30 detainees from Isfara and Istaravshan in the Sughd region after 10 to 20 days in detention.

On December 18, the Ismoili Somoni District Court in Dushanbe, following closed-door proceedings, found Asroriddin Rozikov guilty of participation in the activities of banned political parties or organizations and sentenced him to five years’ imprisonment. Human Rights Watch reported that on June 25, the GKNB detained Rozikov, son of Zubaidulloi Rozik, an imprisoned leader of the IRPT. The GKNB did not comment on the detention or conviction. Relatives alleged the motive for Rozikov’s arrest was to pressure his father to condemn publicly the leadership of the IRPT.

Jannatullo Komil, the head of the bureau of IRPT in Germany, one of the hundreds of members who live in exile in Europe, wrote in a July 8 Facebook post that local law enforcement bodies arrested five members of his family and detained them for a week without charges. According to Komil, his brother, sister, daughter-in-law, and two nieces were interrogated by the GKNB and Ministry of Internal Affairs. The interrogators demanded that the family hand over their sons who were living abroad in exile, largely in Europe.

Pretrial Detention: Defense lawyers alleged that prosecutors often held suspects for lengthy periods and registered the initial arrest only when the suspect was ready to confess. In most cases, pretrial detention lasted from one to three months but could extend as long as 15 months. Law enforcement officials must request an extension from a judge to detain an individual in pretrial detention after two, six, and 12 months. According to the OHCHR concluding observations, authorities tortured defendants in pretrial detention in attempts to extract confessions.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of charge, are entitled to challenge in court the legal basis or arbitrary nature of their detention. Despite such rights to challenge detention, a decrease in the number of lawyers licensed to take on criminal cases and the general apprehension with which lawyers take on sensitive cases limited the exercise of this right for those arrested on charges suspected to be politically motivated.

Tanzania

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, although regional and district commissioners have authority to detain a person for up to 48 hours without charge. This authority was used frequently to detain political opposition members or persons criticizing the government.

The law allows persons arrested or detained, regardless of whether on criminal or other grounds, the right to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained. The law requires, however, that a civil case must be brought to make such a challenge, and this was rarely done.

Arrest Procedures and Treatment of Detainees

On the mainland the law requires that an arrest for most crimes, other than crimes committed in the presence of an officer, be made with an arrest warrant based on sufficient evidence; however, authorities did not always comply with the law. Police often detained persons without judicial authorization. The law also requires that a person arrested for a crime, other than a national security detainee, be charged before a magistrate within 24 hours of arrest, excluding weekends and holidays, but authorities failed to comply consistently with this requirement. There were reports of police detaining individuals without charge for short periods on the orders of local authorities.

The law does not allow bail for suspects in cases involving murder, treason, terrorism, drugs, armed robbery, human trafficking, money laundering, other economic crimes, and other offenses where the accused might pose a public safety risk. In 2019 Dickson Paulo Sanga challenged nonbailable offenses as unconstitutional. In May the High Court ruled that section 148(5) of the Criminal Procedure Act was unconstitutional because it violated rights to personal liberty and presumption of innocence. The decision was appealed by the government on the same day. In August the Court of Appeals overruled the High Court decision, declaring that nonbailable offenses were constitutional, and that detention pending trial was important for peace and order in the country. The Court of Appeals ruling disappointed human rights stakeholders, who claimed authorities held human rights actors and businesspersons under false money laundering charges. For example, two businessmen, Harbinder Seth who is the owner of Independent Power Tanzania Limited (IPTL) and James Rugemalira, CEO of VIP Engineering Company were charged at Kisutu Court in 2017 with economic sabotage. The case was still pending in court and they remained in jail.

In some cases, courts imposed strict conditions on freedom of movement and association when they granted bail. In the primary and district courts, persons reportedly sometimes bribed officials to grant bail.

The law gives accused persons the right to contact a lawyer or talk with family members, but police often failed to inform detainees of this right. Indigent defendants and suspects charged with murder or treason could apply to the registrar of the court to request legal representation. Prompt access to counsel was often limited by the lack of lawyers in rural areas, lack of communication systems and infrastructure, and accused persons’ ignorance of their rights. In addition, on March 19, authorities banned all visits to prisons due to COVID-19, including those by prisoners’ lawyers. Since authorities provided no alternative methods for detainees to contact attorneys, Human Rights Watch argued this ban sharply slowed resolution of ongoing cases. As a result, most criminal defendants were not represented by counsel, even for serious offenses being tried before a high court. The government often did not provide consular notification when foreign nationals were arrested and did not provide prompt consular access when requested.

The government conducted some screening at prisons to identify and assist trafficking victims imprisoned as smuggling offenders; however, screenings were not comprehensive, potentially leaving some trafficking victims unidentified in detention centers. In June and July 2019, at the requests of the Ethiopian embassy, the International Organization for Migration (IOM) verified 1,354 Ethiopians in 27 prisons in 20 regions. Among the migrants were one woman and 219 minors. Between January 2015 and June 2019, the IOM provided assisted voluntary returns for 1,406 Ethiopian irregular migrants. The Ethiopians who remained in prison were either in pretrial detention (“remanded”), convicted, or postconviction but not released because of a lack of funds to deport them.

Arbitrary Arrest: By law the president may order the arrest and indefinite detention without bail of any person considered dangerous to the public order or national security. The government must release such detainees within 15 days or inform them of the reason for their continued detention. The law also allows a detainee to challenge the grounds for detention at 90-day intervals. The mainland government has additional broad detention powers under the law, allowing regional and district commissioners to arrest and detain anyone for 48 hours who is deemed to “disturb public tranquility.”

In July 2019 plainclothes police officers arrested investigative journalist and government critic Erick Kabendera and did not inform him of the charges. Initially, police did not inform his family to which police station he was taken. After seven days in detention, Kabendera was charged with money-laundering offenses. In February, Kabendera was released after agreeing to a plea deal. Kabendera was convicted on tax evasion and money laundering charges and he was fined 273 million Tanzanian shillings (TZS) ($118,000).

In December 2019 human rights lawyer Tito Magoti and his colleague Theodore Giyani, both working for the Legal and Human Rights Center, were arrested by plainclothes police officers after they tweeted support for vocal government critics. Following a public outcry, police admitted that they had arrested Magoti and Giyani. The accused were arraigned in Dar es Salaam in December 2019 and charged with money laundering, a nonbailable offense. Amnesty International and other human rights organizations called for their immediate and unconditional release in January, but at the end of the year the two remained in prison in pretrial detention.

Pretrial Detention: Arrests often preceded investigations, and accused persons frequently remained in pretrial detention–known as “remand”–for years before going to trial, usually with no credit for pretrial confinement at the time of sentencing. There is no trial clock or statute of limitations. Prosecutors obtained continuances based on a general statement that the investigation was not complete. According to the Ministry of Home Affairs, approximately 50 percent of the prison population consisted of pretrial detainees. Detainees generally waited three to four years for trial due to a lack of judges, an inadequate judicial budget, and the lengthy time for police investigations.

Thailand

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

One week before its dissolution in July 2019, the National Council for Peace and Order (NCPO) junta government repealed 76 orders, restoring some civil and community rights. Other NCPO orders, however, remained in force, and the military retains the authority to detain persons without charge or trial for a maximum of seven days.

The deep south emergency decree that gives the government authority to detain persons without charge for a maximum of 30 days in unofficial places of detention remained in effect (see section 1.g.).

Provisions from the deep south emergency decree make it very difficult to challenge a detention before a court. Under the decree, detainees have access to legal counsel, but there was no assurance of prompt access to counsel or family members, nor were there transparent safeguards against the mistreatment of detainees. Moreover, the decree effectively provides broadly based immunity from criminal, civil, and disciplinary liability for officials acting under its provisions.

In March the prime minister announced a nationwide COVID-19-related emergency decree that was renewed every month as of November. Critics claimed the decree was used as a pretext to arrest antigovernment protesters.

Arrest Procedures and Treatment of Detainees

While the law requires police and military officers to obtain a warrant from a judge prior to making an arrest, an NCPO order allows the detention of any individual for a maximum seven days without an arrest warrant. The courts tended to approve automatically all requests for warrants. By law authorities must inform persons of likely charges against them immediately after arrest and allow them to inform someone of their arrest.

The law provides for access to counsel for criminal detainees in both civilian and military courts, but lawyers and human rights groups claimed police sometimes conducted interrogations without providing access to an attorney.

Both the court of justice and the Justice Fund of the Ministry of Justice assign lawyers for indigent defendants. For the year ending September 30, the court of justice assigned 21,254 attorneys to adult defendants and 5,405 to juvenile defendants. During that period the Ministry of Justice provided 1,699 lawyers for needy defendants.

The law provides defendants the right to request bail, and the government generally respected this right.

Arbitrary Arrest: Under an NCPO order, the military has authority to detain persons without charge for a maximum of seven days without judicial review. Under the deep south emergency decree, authorities may detain a person for a maximum of 30 days without charge (see section 1.g.).

Pretrial Detention: Under normal conditions the law allows police to detain criminal suspects for 48 hours after arrest for investigation. Lawyers reported police mostly brought cases to court within the 48-hour period. They raised concerns, however, about the simultaneous use of laws applicable in national-security cases that may result in lengthy detentions for insurgency-related suspects in the far southern part of the country. Other laws allow civilian personnel from the Ministry of Justice’s Office of the Narcotics Control Board to detain without charge individuals suspected of committing drug-related crimes for up to three days before handing them over to police.

Laws and regulations place offenses for which the maximum penalty is less than three years’ imprisonment under the jurisdiction of district courts, which have different procedures and require police to submit cases to public prosecutors within 72 hours of arrest.

Before charging and trial, authorities may detain individuals for a maximum of 84 days (for the most serious offenses), with a judicial review required for each 12-day period. After formal charges and throughout the trial, depending on prosecution and defense readiness, court caseload, and the nature of the evidence, detention may last from three months to two years before a verdict, and up to six years before a Supreme Court appellate review.

Tibet

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

Arbitrary arrest and detention remained serious problems. Legal safeguards for detained or imprisoned Tibetans were inadequate in both design and implementation.

Arrest Procedures and Treatment of Detainees

Public security agencies are required by law to notify the relatives or employer of a detained person within 24 hours of their detention but often failed to do so when Tibetans and others were detained for political reasons. Public security officers may legally detain persons for up to 37 days without formally arresting or charging them. Further detention requires approval of a formal arrest by the prosecutor’s office; however, in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest.

When a suspect is formally arrested, public security authorities may detain him/her for up to an additional seven months while the case is investigated. After the completion of an investigation, the prosecutor may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may then detain a suspect for an additional 45 days before beginning judicial proceedings.

Pretrial Detention: Security officials frequently violated these legal requirements, and pretrial detention periods of more than a year were common. Individuals detained for political or religious reasons were often held on national security charges, which have looser restrictions on the length of pretrial detention. Many political detainees were therefore held without trial far longer than other types of detainees. Authorities held many prisoners in extrajudicial detention centers without charge and never allowed them to appear in public court.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: This right does not exist in the TAR or other Tibetan areas.

Trinidad and Tobago

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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

A police officer may arrest a person based on a warrant issued or authorized by a magistrate, or without a warrant if the officer witnesses the commission of an offense. Detainees must be charged and appear in court within 48 hours, and the government respected this standard. There is a functioning bail system, and bail is ordinarily available for those accused of most crimes. Persons accused of murder, treason, piracy, kidnapping for ransom, or hijacking, as well as persons convicted twice of violent crimes, are ordinarily ineligible for bail for 120 days. Authorities granted detainees immediate access to a lawyer.

The minister of national security may authorize preventive detention to protect public safety, public order, or national defense; the minister must state the grounds for the detention.

In September the government amended the law to allow courts to use electronic monitoring devices as a condition of bail, probation, or community service.

Arbitrary Arrest: Independent reporting confirmed instances in which airline officials, with government permission, took individuals who were denied entry into the country and detained them in unofficial holding facilities. The individuals were taken out of the airport and into the country without legal entry and placed into a guarded hotel room until a return flight was available.

Pretrial Detention: Lengthy pretrial detention was a problem. Pretrial detainees constituted more than two-thirds of the prison population. Most detainees’ trials began seven to 10 years after their arrest, although some spent even longer in pretrial detention. The length of pretrial detention frequently equaled or exceeded the maximum sentence for the alleged crime. Officials cited several reasons for the backlog, including the burden of the preliminary inquiry process. The law requires anyone charged and detained to appear in person for a hearing before a magistrate every 10 days, even if only to have the case postponed for an additional 10 days. This increased the caseload and created further inefficiency.

Tunisia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, although security forces did not always observe these provisions. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Human rights organizations expressed concern that the government used its powers under the 1973 decree law on the state of emergency to place citizens under house arrest with limited evidence or foundation for suspicion. Amnesty International reported that after former prime minister Elyes Fakhfakh’s announcement on March 22 of a national COVID-19 lockdown, police arrested at least 1,400 individuals for violating curfew or confinement measures.

Arrest Procedures and Treatment of Detainees

The law requires police to have a warrant to arrest an alleged suspect, unless a crime is in progress or the arrest is for a felony offense. Arresting officers must inform detainees of their rights, immediately inform detainees’ families of the arrest, and make a complete record of the times and dates of such notifications. The maximum time of precharge detention for felonies is 48 hours, renewable once by a prosecutor’s order, for a maximum of four days. For misdemeanor offenses the time limit is 24 hours, renewable once by the prosecutor’s order. Both precharge extensions must be justified in writing.

Precharge detainees can exercise their right to representation by counsel and can request medical assistance immediately upon detention. Arresting officials (the Judicial Police) must inform detainees of their rights and the accusations against them, immediately inform detainees’ families of the arrest, and make a complete record of the times and dates of such notifications. The Judicial Police must also inform the lawyer of all interrogations and interactions between the accused and witnesses or victims of the alleged offense and allow the lawyer to be present, unless the accused explicitly waives the right to a lawyer, or unless the lawyer does not arrive at the prearranged time of questioning. The only exception is for terrorism suspects, who may be held without access to counsel for 48 hours. The counterterrorism law provides a suspect may be held 15 days, with a judicial review after each five-day period.

Media and civil society reported that police failed at times to follow these regulations and, on occasion, detained persons arbitrarily. The majority of the detainees interviewed by the INPT for its annual report claimed they had not been informed of their legal right to a lawyer or medical care.

By law the prosecutor represents the government in criminal proceedings, including proceedings involving underage offenders. A lawyer may be assigned in a criminal case even if the accused person did not ask for one during the investigation. For those who cannot afford a lawyer, judicial aid is provided at government expense if certain conditions are met. In civil cases both parties may request judicial aid. In criminal cases, however, legal aid is only provided to nationals if the minimum possible sentence is at least three years and if the person on trial is not a recidivist and to foreigners under conditions outlined by law. Judicial aid is also extended to administrative matters once the police investigation has been completed and the case goes to court. The military code of justice gives the same rights to detainees for assigning a legal counsel as described in the penal code, although it was unclear whether the government consistently provided this service.

The law permits authorities to release accused persons on bail, and the bail system functioned. At arraignment the examining magistrate may decide to release the accused or remand the detainee to pretrial detention.

Arbitrary Arrest: NGOs criticized the use of the 1973 decree law on the state of emergency to put under house arrest any individual suspected of representing a threat to state security, often without offering these individuals access to the court orders that led to their arrest. President Saied renewed the state of emergency law twice during the year.

In March 2019 authorities detained Moncef Kartas, a dual Tunisian-German national working as a member of the UN Panel of Experts on Libya, reportedly on domestic espionage charges. In his UN position as an “expert on mission,” Kartas enjoyed immunity from arrest and detention and legal proceedings for actions carried out in the exercise of his functions. The United Nations and international community sought an explanation for Kartas’ detention from authorities and subsequently appealed for his immediate release, contending that Tunisia’s actions were inconsistent with its obligations under the 1946 Convention on the Privileges and Immunities of the United Nations. Authorities held Kartas for almost two months at the Gorjani prison and denied Kartas access to a lawyer for several days beyond the conclusion of the 48-hour window permitted by the counterterrorism law to hold terrorism suspects without access to legal counsel. In May 2019 the Court of Appeals ordered Kartas’ release due to lack of evidence. At year’s end Kartas remained out on bail pending the conclusion of the government’s investigation.

Pretrial Detention: The length of pretrial detention remained unpredictable and could last from one month to several years, principally due to judicial inefficiency and lack of capacity.

In cases involving crimes for which the sentence may exceed five years or that involve national security, pretrial detention may last six months and may be extended by court order for two additional four-month periods. Detainees can be held longer than this 14-month period if a hearing date is scheduled beyond it. In cases involving crimes for which the sentence may not exceed five years, the court may extend the initial six-month pretrial detention only by three months. During this stage the court conducts an investigation, hears arguments, and accepts evidence and motions from both parties.

On August 28, then minister of justice Jeribi noted that two-thirds of those incarcerated were pretrial detainees.

The country’s pilot Sousse Probation Office promoted alternatives to incarceration by enforcing community service sentences in lieu of prison sentences. Through the alternatives to incarceration program, sentencing judges work with probation officers to substitute two hours of community service for each day of a jail sentence. Following the Sousse pilot program, the Ministry of Justice began expanding alternatives to incarceration programs to 13 probation offices in 13 governorates.

Turkey

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, but numerous credible reports indicated the government did not always observe these requirements.

Human rights groups noted that, following the 2016 coup attempt, authorities continued to detain, arrest, and try hundreds of thousands of individuals for alleged ties to the Gulen movement or the PKK, often with questionable evidentiary standards and without the full due process provided for under law (see section 2.a.).

On the four-year anniversary of the 2016 coup attempt in July, the government announced that authorities had opened legal proceedings against 597,783 individuals, detained 282,790, and arrested 94,975 since the coup attempt on grounds of alleged affiliation or connection with the Gulen movement. During the year the government started legal proceedings against 39,719 individuals, detained 21,000, and arrested 3,688. In July the Ministry of Justice reported that the government had conducted nearly 100,000 operations targeting Gulenists since the coup attempt. The government reportedly detained and investigated a majority of the individuals for alleged terror-related crimes, including membership in and propagandizing for the Gulen movement or the PKK. Domestic and international legal and human rights experts questioned the quality of evidence presented by prosecutors in such cases, criticized the judicial process, asserted that the judiciary lacked impartiality, and that defendants were sometimes denied access to the evidence underlying the accusations against them (see section 1.e., Trial Procedures).

The courts in some cases applied the law unevenly, with legal critics and rights activists asserting court and prosecutor decisions were sometimes subject to executive interference. In January an Ankara court of appeals reversed a lower court ruling for life imprisonment of a former three-star general, Metin Iyidil, accused of participation in the coup attempt. Two days after Iyidil’s release, another court reordered his detention. After President Erdogan publicly criticized the Ankara appeals court decision to acquit, the court ruled for Iyidil to be rearrested. The Council of Judges and Prosecutors opened an investigation into the acquittal decision, suspending the three judges who ruled for acquittal from their posts.

Arrest Procedures and Treatment of Detainees

The law requires that prosecutors issue warrants for arrests, unless the suspect is detained while committing a crime. The period for arraignment may be extended for up to four days. Formal arrest is a measure, separate from detention, which means a suspect is to be held in jail until and unless released by a subsequent court order. For crimes that carry potential prison sentences of fewer than three years’ imprisonment, a judge may release the accused after arraignment upon receipt of an appropriate assurance, such as bail. For more serious crimes, the judge may either release the defendant on his or her own recognizance or hold the defendant in custody (arrest) prior to trial if there are specific facts indicating the suspect may flee, attempt to destroy evidence, or attempt to pressure or tamper with witnesses or victims. Judges often kept suspects in pretrial detention without articulating a clear justification for doing so.

While the law generally provides detainees the right to immediate access to an attorney, it allows prosecutors to deny such access for up to 24 hours. In criminal cases the law also requires that the government provide indigent detainees with a public attorney if they request one. In cases where the potential prison sentence for conviction is more than five years’ imprisonment or where the defendant is a child or a person with disabilities, a defense attorney is appointed, even absent a request from the defendant. Human rights observers noted that in most cases authorities provided an attorney if a defendant could not afford one.

Under antiterror legislation adopted in 2018, the government may detain without charge (or appearance before a judge) a suspect for 48 hours for “individual” offenses and 96 hours for “collective” offenses. These periods may be extended twice with the approval of a judge, amounting to six days for “individual” and 12 days for “collective” offenses. Human rights organizations raised concerns that police authority to hold individuals for up to 12 days without charge increased the risk of mistreatment and torture. According to a statement by Minister of Justice Gul, 48,752 persons were in pretrial detention in the country as of July.

The law gives prosecutors the right to suspend lawyer-client privilege and to observe and record conversations between accused persons and their legal counsel. Bar associations reported that detainees occasionally had difficulty gaining immediate access to lawyers, both because government decrees restricted lawyers’ access to detainees and prisons–especially for those attorneys not appointed by the state–and because many lawyers were reluctant to defend individuals the government accused of ties to the 2016 coup attempt. Human rights organizations reported the 24-hour attorney access restriction was arbitrarily applied and that in terrorism-related cases, authorities often did not inform defense attorneys of the details of detentions within the first 24 hours, as stipulated by law. In such cases rights organizations and lawyers groups reported attorneys’ access to the case files for their clients was limited for weeks or months pending preparations of indictments, hampering their ability to defend their clients.

Some lawyers stated they were hesitant to take cases, particularly those of suspects accused of PKK or Gulen movement ties, because of fear of government reprisal, including prosecution. Government intimidation of defense lawyers also at times involved nonterror cases. The international NGO Freedom House in its 2020 Freedom in the World report stated, “In many cases, lawyers defending those accused of terrorism offenses were arrested themselves.” According to human rights organizations, since 2016 authorities prosecuted more than 1,500 lawyers, arrested 605, and sentenced 441 to lengthy prison terms on terrorism-related charges. Of the arrested lawyers, 14 were presidents of provincial bar associations. This practice disproportionately affected access to legal representation in the southeast, where accusations of affiliation with the PKK were frequent and the ratio of lawyers to citizens was low. In a September speech, the president suggested that lawyers who are “intimate” with terrorist organizations should be disbarred.

Arbitrary Arrest: Although the law prohibits holding a suspect arbitrarily or secretly, there were numerous reports that the government did not observe these prohibitions. Human rights groups alleged that in areas under curfew or in “special security zones,” security forces detained citizens without official record, leaving detainees at greater risk of arbitrary abuse.

In September the HDP released a statement detailing allegations that police kidnapped, physically assaulted, and later released six HDP youth assembly members in separate incidents in Diyarbakir, Istanbul, and Agri province. The HDP also stated that on May 4 police abducted HDP assembly member Hatice Busra Kuyun in Van province, forced her into a car, and threatened her. Police released Kuyun on the same day.

Pretrial Detention: The maximum time an arrestee can be held pending trial with an indictment is seven years, including for crimes against the security of the state, national defense, constitutional order, state secrets and espionage, organized crime, and terrorism-related offenses. Pretrial detention during the investigation phase of a case (before an indictment) is limited to six months for cases that do not fall under the purview of the heavy criminal court–referred to by the International Criminal Police Organization (INTERPOL) as the central criminal court–and one year for cases that fall under the heavy criminal court. The length of pretrial detention generally did not exceed the maximum sentence for the alleged crimes. For other major criminal offenses tried by high criminal courts, the maximum detention period remained two years with the possibility of three one-year extensions, for a total of five years.

For terror-related cases, the maximum period of pretrial detention during the investigation phase is 18 months, with the possibility of a six-month extension.

Rule of law advocates noted that broad use of pretrial detention had become a form of summary punishment, particularly in cases that involved politically motivated terrorism charges.

The trial system does not provide for a speedy trial, and trial hearings were often months apart, despite provisions in the code of criminal procedure for continuous trial. Trials sometimes began years after indictment, and appeals could take years more to reach conclusion.

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees’ lawyers may appeal pretrial detention, although antiterror legislation imposed limits on their ability to do so. The country’s judicial process allows a system of lateral appeals to criminal courts of peace for arrest, release, judicial control, and travel ban decisions that substitutes appeal to a higher court with appeal to a lateral court. Lawyers criticized the approach, which rendered ambiguous the authority of conflicting rulings by horizontally equal courts. In addition since 2016 sentences of less than five years’ imprisonment issued by regional appellate courts were final and could not be appealed. Since 2019 the law provides for defendants in certain types of insult cases or speech-related cases to appeal to a higher court.

Detainees awaiting or undergoing trial prior to the 2016-18 state of emergency had the right to a review in person with a lawyer before a judge every 30 days to determine if they should be released pending trial. Under a law passed in 2018, in-person review occurs once every 90 days with the 30-day reviews replaced by a judge’s evaluation of the case file only. Bar associations noted this element of the law was contrary to the principle of habeas corpus and increased the risk of abuse, since the detainee would not be seen by a judge on a periodic basis.

In cases of alleged human rights violations, detainees have the right to apply directly to the Constitutional Court for redress while their criminal cases are proceeding. Nevertheless, a backlog of cases at the Constitutional Court slowed proceedings, preventing expeditious redress.

The Office of the UN High Commissioner for Refugees (UNHCR) noted that detention center conditions varied and were often challenging due to limited physical capacity and increased referrals. Refugee-focused human rights groups alleged authorities prevented migrants placed in detention and return centers from communicating with the outside world, including their family members and lawyers, creating the potential for refoulement as migrants accept repatriation to avoid indefinite detention.

Ukraine

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 and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government did not always observe these requirements.

The HRMMU and other monitoring groups reported numerous arbitrary detentions in connection with the conflict between the government and Russia-led forces in the Donbas region (see section 1.g.).

Arrest Procedures and Treatment of Detainees

By law authorities may detain a suspect for three days without a warrant, after which a judge must issue a warrant authorizing continued detention. Authorities in some cases detained persons for longer than three days without a warrant.

Prosecutors must bring detainees before a judge within 72 hours, and pretrial detention should not exceed six months for minor crimes and 12 months for serious ones. Persons have the right to consult a lawyer upon their detention. According to the law, prosecutors may detain suspects accused of terrorist activities for up to 30 days without charges or a bench warrant. Under the law citizens have the right to be informed of the charges brought against them. Authorities must promptly inform detainees of their rights and immediately notify family members of an arrest. Police often did not follow these procedures. Police at times failed to keep records or register detained suspects, and courts often extended detention to allow police more time to obtain confessions.

In August the Association of Ukrainian Monitors on Human Rights in Law Enforcement reported a widespread practice of unrecorded detention, in particular, the unrecorded presence in police stations of persons “invited” for “voluntary talks” with police, and noted several allegations of physical mistreatment that took place during a period of unrecorded detention. Authorities occasionally held suspects incommunicado, in some cases for several weeks. The association also reported that detainees were not always allowed prompt access to an attorney of their choice. Under the law the government must provide attorneys for indigent defendants. Compliance was inconsistent because of a shortage of defense attorneys or because attorneys, citing low government compensation, refused to defend indigent clients.

The law provides for bail, but many defendants could not pay the required amounts. Courts sometimes imposed travel restrictions as an alternative to pretrial confinement.

Arbitrary Arrest: The HRMMU and other human rights monitors reported a continued pattern of arbitrary detention by authorities.

On March 12, the HRMMU released findings based on interviews with 75 individuals who had been detained. More than 70 percent of those interviewed reported arbitrary detention or procedural violations at the initial stages of detention, primarily by Security Service officials. More than one-third of interviewees reported being kept incommunicado in unofficial places of detention for several days before being transferred to official detention facilities. In at least 32 cases, access to legal counsel was provided only after the first interrogation. In 11 of these cases, the detainees offered confessions before seeing a lawyer.

Human rights experts reported arbitrary detention in the context of conscription into the armed forces. For example, in late May representatives of the Kharkiv military registration office systematically stopped and forcibly detained young men near public transport stops, taking them to military registration and enlistment offices. The detainees were deprived of their cell phones, kept indoors, fed once a day, and sent to undergo medical examinations, after which they were conscripted.

Arbitrary arrest was reportedly widespread in both the “DPR” and the “LPR.” The HRMMU raised particular concern over the concept of “preventive arrest” or “administrative arrest” introduced in 2018 by Russia-led forces in the “DPR” and “LPR.” Under a preventive arrest, individuals may be detained for up to 30 days, with the possibility of extending detention to 60 days, based on allegations that a person was involved in crimes against the security of the “DPR” or “LPR.” During preventive arrests detainees were held incommunicado and denied access to lawyers and relatives.

From November 2019 to February 2020, the OHCHR interviewed 56 detainees released by “DPR” and “LPR” and reported a consistent pattern of arbitrary detention, which often amounted to forced disappearance, torture, and mistreatment.

Pretrial Detention: The Association of Ukrainian Human Rights Monitors noted that pretrial detention usually lasts two months, but can be extended. When cases are delayed, precautionary measures are usually eased, such as permitting house arrest or temporary release. The HRMMU, however, continued to report the security services’ persistent use of extended pretrial detention of defendants in conflict-related criminal cases as a means to pressure them to plead guilty. Since the beginning of the armed conflict in 2014, the OHCHR has documented 16 cases in which, following a court-ordered release, prosecutors pressed additional conflict-related criminal charges, enabling police to rearrest the defendant. In one case, prosecutors charged a soldier with treason after he had been charged with desertion and granted release by a court.

United Arab Emirates

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention. The government, however, reportedly often held persons in custody for extended periods without charge or a preliminary judicial hearing. The law permits indefinite detention, including incommunicado detention, without appeal. In some cases authorities did not allow detainees contact with attorneys, family members, or others for indefinite or unspecified periods. Some detainees reported being monitored during meetings with family members and consular officials, as well as being prevented from discussing their cases or detention conditions.

In cases of foreign nationals detained by police, which in view of the country’s demographic breakdown were the vast majority of cases, the government often did not notify the appropriate diplomatic officials. For state security detainees, notification was exceptionally rare, and information about the status of these detainees was very limited.

Authorities treated prisoners arrested for political or security reasons differently from other prisoners, including placing them in separate sections of a prison. The State Security Department handled these cases and, in some instances, held prisoners and detainees in separate undisclosed locations for extended periods prior to their transfer to a regular prison.

According to HRW, during the year authorities continued to hold two activists who completed their sentences in 2017. Khalifa al-Rabea and Ahmad al-Mulla were charged with joining a secret organization. Both activists were allegedly affiliated with al-Islah, a Muslim Brotherhood affiliated organization, which is designated by the government as a terrorist organization. According to the Emirates Center for Human Rights, authorities continued to hold activist Mansoor al-Ahmadi past the completion of his seven-year prison sentence in October 2019. Al-Ahmadi, one of the signatories of a petition demanding political reforms, was arrested as part of the UAE 94, a mass trial of 94 political activists accused in 2012 of sedition and membership in a secret organization.

Arrest Procedures and Treatment of Detainees

Police stations received complaints from the public, made arrests, and forwarded cases to the public prosecutor. The public prosecutor then transferred cases to the courts. The law prohibits arrest or search of citizens without probable cause. Within 48 hours police must report an arrest to the public prosecutor, and police usually adhered to the deadline. The public prosecutor must then question the accused within 24 hours of notification of arrest. Authorities did not consistently provide consular notification for arrests.

Police investigations can regularly take up to three months, during which time detainees are often publicly unaccounted. The law requires prosecutors to submit charges to a court within 14 days of police report and to inform detainees of the charges against them. Judges may grant extensions to prosecutors, sometimes resulting in extended periods of detention without formal charges. Multiple detainees complained that authorities did not inform them of the charges or other details of their case for months at a time. Noncitizen detainees reported that when the prosecutor presented the charges, they were written in Arabic with no translation, and no translator was provided. There were also reports of authorities pressuring or forcing detainees to sign documents before they were allowed to see attorneys.

Public prosecutors may order detainees held as long as 30 days without charge and this can be extended by court order. Judges may not grant an extension of more than 30 days of detention without charge; however, with charge, they may renew 30-day extensions indefinitely. As a result, pretrial detention sometimes exceeded the maximum sentence for the crime charged. Public prosecutors may hold suspects in terrorism-related cases without charge for six months. Once authorities charge a suspect with terrorism, the Federal Supreme Court may extend the detention indefinitely. The counterterrorism law provides the legal framework for establishing rehabilitation centers called the Munassaha program, which aims to reform persons deemed to pose a terrorist threat or those convicted of terrorist offenses by using psychosocial attitude adjustment. The counterterrorism law stipulates that program administrators provide reports on the convicts’ status every three months and that the public prosecution submit a final opinion on the outcome of rehabilitation to inform the court’s decision on whether to release the individual. Diplomatic sources reported detentions of more than two years without charges for crimes not related to state security.

Authorities may temporarily release detainees who deposit money, a passport, or an unsecured personal promissory statement signed by a third party. Abu Dhabi and Dubai utilize an electronic travel ban system, which allows authorities to prevent individuals involved in pending legal proceedings from departing the country without physically confiscating their passport. Nonetheless, law enforcement officials routinely held detainees’ passports until sentencing. Authorities may deny pretrial release to defendants in cases involving loss of life, including involuntary manslaughter. Authorities released some prisoners detained on charges related to a person’s death after the prisoners completed diya (blood money) payments. Once an accused is found guilty of causing a death under criminal procedure, judges may grant diya payments as compensation to the victim’s family in an amount determined to be in accordance with sharia. For example, in September a Sharjah court awarded 200,000 dirhams (AED) ($54,400) to the family of an Indian citizen who died after an adverse drug reaction while seeking care at a Sharjah medical clinic.

A defendant is entitled to an attorney after authorities complete their investigation. Authorities sometimes questioned the accused for weeks without permitting access to an attorney. The government may provide counsel at its discretion to indigent defendants charged with felonies punishable by provisional imprisonment. The law requires the government to provide counsel in cases in which indigent defendants face punishments of life imprisonment or the death penalty.

Authorities held some persons incommunicado, particularly in cases involving state security.

Arbitrary Arrest: There were reports the government carried out arrests without informing the individual of the charge, notably in cases of alleged violations of state security regulations. In these cases, authorities did not give notice to the individual or to family members regarding the subject of the inquiry or arrest.

Pretrial Detention: Lengthy pretrial detention occurred, especially in cases involving state security. The speed with which these cases were brought to trial increased, as it did in the previous year, with a higher number of State Security Court acquittals and convictions in comparison with recent years. As a result of COVID-19, the government increased its use of video teleconferencing measures for litigation procedures. In December 2019 the Ministry of Interior announced the nationwide implementation of an electronic police surveillance system to track low-risk offenders as an alternative to pretrial detention and imprisonment, following earlier pilot programs in Abu Dhabi, Ras al-Khaimah, and Sharjah. There was no estimate available of the percentage of the prison population in pretrial status. In December 2018 the State Security Court at the Federal Supreme Court upheld a 10-year prison sentence and significant fine issued in May 2018 against citizen and human rights activist Ahmed Mansoor. Mansoor spent more than one year in pretrial detention leading to the initial verdict. Mansoor was convicted under the cybercrime law of insulting the “status and prestige of the UAE and its symbols” and of seeking to damage the country’s relationship with its neighbors by publishing information critical of those governments on social media. According to human rights organizations, Mansoor was held in solitary confinement without access to a mattress or other basic necessities or to lawyers and granted only a limited number of family visits. In December the Ministry of Foreign Affairs and International Cooperation refuted allegations of Mansoor’s ill health and physical abuse. The ministry asserted the government had afforded Mansoor all legal and constitutional rights, as well as access to necessary medical care and regular visits from family members. Mansoor remained in prison at year’s end.

Detainees Ability to Challenge Lawfulness of Detention before a Court: There were reports authorities sometimes delayed or limited an individual’s access to an attorney and did not give prompt court appearances or afford consular notification, both for the average prisoner and in state security cases. There were no reports of courts finding individuals to have been unlawfully detained and eligible for compensation. Diplomatic observers reported this was a particular problem for foreign residents who were vulnerable to loss of job, home, and accrual of debt due to unlawful detention.

United Kingdom

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law 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 routinely observed these requirements.

Police officers in England and Wales have powers to stop and search anyone if they have “reasonable grounds” to suspect the individual may be in possession of drugs, weapons, stolen property, or any item that could be used to commit a crime.

In Scotland guidelines allow police to stop and search persons only when police have “reasonable grounds,” a refinement after criticism that stop-and-search was being used to target specific racial groups. Data published in April revealed 32,107 stop and searches conducted between April and December 2019.

Arrest Procedures and Treatment of Detainees

Nationally there is a functioning bail system, but defendants may be denied bail if they are judged to be flight risks, likely to commit another offense, are suspected terrorists, or for other limited circumstances.

If questioned at a police station, all suspects in the UK have the right to legal representation, including counsel provided by the government if they are indigent. Police may not question suspects who request legal advice until a lawyer is present. In Gibraltar the Duty Legal Representative Scheme provides free legal representation to anyone in Gibraltar police custody earning less than 14,000 pounds ($18,480) per year, the minimum wage. All law firms in Gibraltar with five or more lawyers are required to register as part of the scheme.

In Scotland police may detain a suspect for no more than 24 hours. After an initial detention period of 12 hours, a police custody officer may authorize further detention for an additional 12 hours without authorization from the court, if the officer believes it necessary. Only a judge can issue a warrant for arrest if he or she believes there is enough evidence against a suspect. A suspect must be informed immediately of allegations against him or her and be advised promptly of the charges if there is sufficient evidence to proceed. Police may not detain a person more than once for the same offense. Authorities respected this right. Depending on the nature of the crime, a suspect should be released from custody if he or she is deemed not to present a risk. There is a functioning bail system.

In Bermuda a court must issue a warrant for an arrest to proceed. The law permits arrests without warrant only in certain conditions. When a police officer has reasonable grounds for suspecting that any offense that is not an arrestable offense has been or is being committed or attempted, they may arrest the relevant person if it appears that service of a summons is impracticable. No arrests or detentions may be made arbitrarily or secretly, and the detainee must be told the reason for his or her arrest immediately. Individuals may be detained initially for six hours, and for two further periods of up to nine hours each subject to review and justification. Authorities respected this right.

There is a functioning system of bail in Bermuda. House arrest and wearing an electronic monitoring device may be a condition of bail. A detainee has an immediate right of access to a lawyer, either through a personal meeting or by telephone. Free legal advice is provided for detainees. Police must inform the arrestee of his or her rights to communication with a friend, family member, or other person identified by the detainee. The police superintendent may authorize incommunicado detention for serious crimes such as terrorism.

Pretrial Detention: On September 26, temporary legislation came into effect extending the maximum length of pretrial detention from 182 to 238 days to address delays in jury trials due to COVID-19.

Uruguay

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The law and constitution prohibit arbitrary arrest and detention and provide 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

Police apprehend suspects with warrants issued by a duly authorized official and bring them before an independent judiciary. Arrests may be made without a judge’s order when persons are caught in the commission of a crime. The law provides detainees with the right to a prompt judicial determination of the legality of detention and requires the detaining authority to explain the legal grounds for detention. For a detainee who cannot afford a defense attorney, the court appoints a public defender at no cost. Apprehended suspects must be brought before a judge within 24 hours. If no charges are brought, the case is closed, but the investigation may continue and the case reopened if new evidence emerges.

The possibility of bail exists, but it was undeveloped and rarely used. Most persons facing lesser charges were not jailed. Officials allowed detainees prompt access to family members. Confessions obtained by police prior to a detainee’s appearance before a judge and without an attorney present are not valid. A prosecutor leads the investigation of a detainee’s claim of mistreatment.

Pretrial Detention: Pretrial detention is limited to cases of recidivism, risk of flight, grave crimes, or of an individual posing a risk to society, all subject to a judge’s determination. In July the government passed an omnibus reform bill that makes pretrial detention mandatory due to presumed flight risk for persons charged with rape, sexual abuse, robbery, extortion, kidnapping, and aggravated homicide.

Uzbekistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and the law prohibit 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 did not always observe these requirements.

Arrest Procedures and Treatment of Detainees

By law a judge must review any decision to arrest accused individuals or suspects. Judges granted arrest warrants in most cases. Defendants have the right to legal counsel from the time of arrest. State-appointed attorneys are available for those who do not hire private counsel. Officials did not always respect the right to counsel and occasionally forced defendants to sign written statements declining the right. Authorities’ selective intimidation and disbarment of defense lawyers produced a chilling effect that also compromised political detainees’ access to legal counsel.

Some defense lawyers noted difficulty in accessing clients, the lack of private meeting spaces at law enforcement facilities to meet with detainees, and the lack of access to information about their client’s case.

The law authorizes the use of house arrest as a form of pretrial detention. The law allows detainees to request hearings before a judge to determine whether they should remain incarcerated or released before trial. Authorities often granted these hearings but typically granted detention requests from prosecutors, thereby undermining the spirit of judicial oversight. The arresting authority is required to notify a relative of a detainee of the detention and to question the detainee within 24 hours of arrest.

On April 1, compulsory procedures to protect detainees, including video recording of actions involving detainees and explanation of procedural rights to detainees, were introduced. The new procedures also stipulate that police are required to notify either family members or other designated persons regarding the arrest and location of a detainee within 24 hours. According to media reports and human rights activists, these protective measures had not been well implemented and reports of police abuse following detention were common.

Civil society reported that authorities physically abused or tortured suspects before notifying either family members or attorneys of their arrest in order to obtain a confession. In February the Ombudsman’s Office released its 2019 annual report, which noted that cameras in interrogation rooms at law enforcement facilities were frequently turned off or detainees were tortured and interrogated within camera blind spots. The report called for the creation of a special investigative committee to look into such cases. The ombudsman stated publicly on May 29 that 80 to 90 percent of the complaints of torture received by the office occurred at pretrial detention facilities rather than in the prison system.

On August 10, President Mirziyoyev signed a decree aimed at introducing mechanisms to eliminate the torture of detainees by ensuring the right of detainees to meet privately with defense lawyers upon arrest, ensuring the presence of defense lawyers during witness interrogation, outlawing the use of illegally obtained evidence; and introducing the use of plea agreements.

Suspects have the right to remain silent and must be informed of the right to counsel. Detention without formal charges is limited to 48 hours, although a prosecutor may request that a judge extend detention an additional 48 hours, after which the person must be charged or released. Judges typically grant such requests, and the judge who issues such an extension is often the same one that presides over the trial, which creates incentives to cover up violations. Authorities typically held suspects after the allowable period of detention, according to human rights advocates. After formal charges are filed, the prosecutor decides whether a suspect is released on bail (or on the guarantee of an individual or public organization acting as surety), stays in pretrial detention, or is kept under house arrest. The judge conducting the arrest hearing is allowed to sit on the panel of judges during the individual’s trial.

The law requires authorities at pretrial detention facilities to arrange a meeting between a detainee and a representative from the Human Rights Ombudsman’s Office upon the detainee’s request. Officials allowed detainees in prison facilities to submit confidential complaints to the Ombudsman’s Office and the Prosecutor General’s Office.

Once authorities file charges, suspects may be held in pretrial detention for up to three months while investigations proceed. The law permits an extension of the investigation period for as much as seven months at the discretion of the appropriate court upon a motion by the relevant prosecutor, who may also release a prisoner on bond pending trial. Those arrested and charged with a crime may be released without bail until trial on the condition they provide assurance of “proper behavior” and that they would appear at trial.

A decree requires that all defense attorneys pass a comprehensive relicensing examination. In past years several experienced and knowledgeable defense lawyers who had represented human rights activists and independent journalists lost their licenses after taking the relicensing examination or because of letters from the bar association under the control of the Ministry of Justice claiming that they violated professional ethical norms.

The country had relatively few defense lawyers per capita, and activists said this likely was due to lower levels of pay, prestige, and influence in comparison to judges and prosecutors.

On November 30, the president signed a law that allows the National Guard, the Prosecutor General’s Office, and police the right to surveil electronically attorneys’ communications with clients. With the consent of the prosecutor or an investigator, officials (including prosecutors, investigators, and state bodies) can have access to conversations, messages, and other forms of information conveyed between a defendant and his or her lawyer by telephone and other telecommunications devices. Officials may also record these conversations. In some cases, authorities detained suspects and required them to sign a nondisclosure agreement that prevents them from discussing their case publicly. Human rights lawyers complained authorities used this tactic as a way to prevent lawyers and clients from receiving outside assistance or boosting publicity about their cases.

Arbitrary Arrest: Bloggers and activists were occasionally detained arbitrarily. In July local police illegally detained and interrogated journalists in Karakalpakstan without a court summons and seized their phones and laptops due to claims of “false” reporting about the health of a local government official. The Prosecutor General’s Office criticized the local police for what it termed “illegal acts.”

In contrast with previous years, religious groups reported that arbitrary detention of their members no longer occurred.

The government phased out the use of preventive watch lists, which contained the names of those convicted for religious crimes or crimes against the regime. In 2019 Foreign Minister Abdulaziz Kamilov announced that since 2016, authorities removed more than 20,000 prisoners convicted on religious grounds from the watch list. It was unknown how many individuals remained on the watch list. Previously, authorities compelled named individuals on the watch list to submit to police for interrogation, denied issuance of passports and travel visas, and in some cases, prohibited the purchase and use of smartphones.

The law provides for a commission to review the prison profiles of convicts sentenced on charges of religious extremism. On August 26, the Ministry of Interior press service released a video announcing that some prisoners would be pardoned or released in honor of Independence Day. The Ministry of Foreign Affairs noted that a large number of the pardons included those convicted on “religious extremism” charges. The video and accompanying press declared the government had released or pardoned 4,500 prisoners since the death of former president Karimov in 2016, including 1,584 religious prisoners (of these, 1,215 were released and 369 received reduced sentences). On August 27, in advance of the country’s Independence Day, an additional 113 prisoners received pardons, including 105 religious prisoners. On December 7, to mark Constitution Day, the government released 104 prisoners, including 21 religious prisoners, bringing the total number of religious prisoners released since 2016 to 1,710. Another commission reviews the petitions of persons “who mistakenly became members of banned organizations.” While the commission has the power to exonerate citizens from all criminal liability, observers reported it did not exercise this power in the majority of cases the commission reviewed.

Pretrial Detention: Prosecutors generally exercised discretion regarding most aspects of criminal procedures, including pretrial detention. Authorities did not provide access to detainees to a court to challenge the length or validity of pretrial detention, despite the law granting detainees the right to do so. Even when authorities did not file charges, police and prosecutors frequently sought to evade restrictions on the length of time that persons could be held without charges by holding them as witnesses rather than as suspects. The Ministry of the Interior, which oversees the prison system, did not provide information regarding the number of persons held in pretrial detention centers or allow access to independent organizations.

Detainees Ability to Challenge Lawfulness of Detention before a Court: By law detainees or former detainees are able to challenge the lawfulness of their detention before a court. Appeals were sometimes open to the public by request of the applicant. New evidence was rarely heard. Appeal courts generally reviewed previous trial records and asked applicants to declare for the record their innocence or guilt. Appeals rarely resulted in the courts overturning their original decisions.

Venezuela

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the illegitimate Maduro regime generally did not observe this requirement. While NGOs such as Foro Penal, the Committee for the Families of Victims of February-March 1989, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, illegitimate Maduro regime authorities rarely granted them formal means to present their petitions. Regime authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.

Arrest Procedures and Treatment of Detainees

While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is apprehended in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals and raided their homes without a warrant. The OHCHR found that in several cases the illegitimate Maduro regime issued warrants retroactively or forged the warrant’s date of issuance. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires that detainees be informed promptly of the charges against them. The regime routinely ignored these requirements.

Although the law provides for bail, release on bail is not afforded to persons charged with certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings. The regime routinely ignored these requirements.

Arbitrary Arrest: Foro Penal reported 281 cases of arbitrary detention between January 1 and July 31.

On May 9, illegitimate regime security forces arrested Junior Pantoja, a former city councilman and soup-kitchen manager, during a violent police confrontation with armed gangs in a Caracas neighborhood. Pantoja’s relatives and neighbors, as well as AN, called the arrest arbitrary and politically motivated due to his role as a community leader. Pantoja’s lawyer claimed security forces planted five bullets on Pantoja in order to arrest him for gang-related activity and arms trafficking. On June 24, he was released and on August 23, he died of a respiratory infection after his health deteriorated while in regime custody.

On October 4, the illegitimate Maduro regime, without providing explanation, prevented interim president Juan Guaido’s chief of staff, Roberto Marrero, from boarding a flight to Spain. Marrero had been released from regime custody on August 31, following his March 2019 arrest and months of arbitrary judicial delays. Media reported contradictory and conflicting evidence submitted by prosecutors–including allegations that rifles and a grenade were planted at Marrero’s residence on the day of his arrest. Marrero was charged with conspiracy, treason, and weapons smuggling. Many international entities, including the Lima Group and the EU, condemned Marrero’s 2019 arrest as politically motivated.

Pretrial Detention: Pretrial detention remained an egregious problem. According to the UVL, approximately 70 percent of the prison population was in pretrial detention. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges.

Despite constitutional protections that provide for timely trials, judges reportedly scheduled initial hearings months after the events that led to the detention. Proceedings were often deferred or suspended when an officer of the court, such as the prosecutor, public defender, or judge, failed to attend. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.

Vietnam

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution states a decision by a court or prosecutor is required for the arrest of any individual, except in the case of a “flagrant offense.” The law allows the government to arrest and detain persons “until the investigation finishes” for particularly serious crimes, including national security cases. Those detained, excepting on political grounds, may question the legality of their detention with the arresting authority, but there is no right for the detainee or a representative to challenge the lawfulness of an arrest before a court. There were numerous cases of authorities arresting or detaining activists or government critics contrary to the law or on spurious grounds. Authorities routinely subjected activists and suspected criminals to de facto house arrest without charge.

Arrest Procedures and Treatment of Detainees

By law, police generally require a warrant issued by a prosecutor (the people’s procuracy) to arrest a suspect, although in some cases a decision from a court is required. The criminal code also allows police to “hold an individual” without a warrant in “urgent circumstances,” such as when evidence existed a person was preparing to commit a crime or when police caught a person in the act of committing a crime. Human rights lawyers shared the view that detention without warrants was a common practice. Lawyers and human rights nongovernmental organizations (NGOs) reported that, in many cases, police officers “invited” individuals to present themselves at police stations without being given a clear rationale. These individuals might be held for hours and questioned or requested to write or sign reports. Many such cases had nothing to do with political or sensitive circumstances. There were, nonetheless, numerous instances where activists were taken into custody by plainclothes individuals without an arrest warrant.

Police may hold a suspect for 72 hours without an arrest warrant. In such cases a prosecutor must approve or disapprove the arrest within 12 hours of receiving notice from police. In practice, especially in politically motivated cases, these procedures were not applied consistently or strictly.

The law requires video or audio recording of interrogations during the investigation, prosecution, and adjudication of cases. In cases in which video or audio recording is not possible, interrogation is only allowed if the person being interrogated agrees. In practice, however, this was not evenly applied. In multiple criminal trials, such videos were used by the authorities to manipulate the court’s and public’s perception of the suspect and the case, according to human rights activists. During the September trial of 29 Dong Tam villagers (see section 1.a.), the prosecution played multiple video clips in which defendants appeared to confess to the charges brought against them. Legal counsel for the defendants reported on social media that the video misrepresented the defendants, who were forced to confess on video.

By law the people’s procuracy must issue a decision to initiate a formal criminal investigation of a detainee and notify the accused or their legal representative within three days of arrest; otherwise, police must release the suspect. The law allows the people’s procuracy to request the court with jurisdiction over the case to grant two additional three-day extensions for a maximum of nine days’ detention before an investigation begins.

Although the criminal code sets time limits for detention while under investigation, including for “serious” and “particularly serious” crimes (for the latter, an individual may be held for 16 months), the law allows the people’s procuracy to detain an individual “until the investigation finishes” in cases of “particularly serious crimes,” including national security cases. Only after the investigation is completed are suspects formally charged.

While a suspect is detained during investigation, authorities may deny family visits; they routinely denied such visits for those arrested on national security charges or in other politically motivated cases.

The law allows for bail in the form of money or property as a measure to replace temporary dete