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 Page 9

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