living environment for detainees and staff.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, but the law permits
authorities to arrest and detain an individual without an order from a magistrate or
a warrant if authorities perceive the individual may constitute a threat to security
and public order, or if authorities perceive the individual is involved with a serious
crime. The constitution 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
generally observe these requirements. Media, civil society, and human rights
organizations accused the government of conducting enforced disappearances not
only against suspected militants but also against civil society and opposition party
members. Authorities often held detainees without divulging their whereabouts or
circumstances to family or legal counsel, or without acknowledging having
arrested them.
Arrest Procedures and Treatment of Detainees
The constitution requires arrests and detentions be authorized by a warrant or occur
because of observation of a crime in progress, but the law grants broad exceptions
to these protections.
Under the constitution detainees must be brought before a judicial officer to face
charges within 24 hours, but this was not regularly enforced. The government or a
district magistrate may order a person detained for 30 days to prevent the
commission of an act that could threaten national security; however, authorities
sometimes held detainees for longer periods with impunity.
There is a functioning bail system, but police routinely rearrested bailed
individuals on other charges, despite directives from the Supreme Court’s
Appellate Division prohibiting the rearrest of persons on new charges without first
producing them in court.
Authorities generally permitted defense lawyers to meet with their clients only
after formal charges were filed in the courts, which in some cases occurred weeks
or months after the initial arrest. Detainees are legally entitled to counsel even if
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