Participants will know the international standards applicable to official action that has the effect of depriving a person of his or her liberty, including for the alleged commis-sion of an offence, and will understand selected practical aspects of the implementa-tion of those standards.
Sources
UDHR (arts. 3, 9, 11, 13 and 29(2))ICCPR (arts. 9, 12 and 14)
SMRTP (rules 7, 44(3), 92 and 93)
Principles on Detention or Imprisonment (principles 10, 11, 12, 14, 16(1), 17, 18, 21(1), 32, 37 and 38)
Declaration on Enforced Disappearance (principles 10(2) and 10(3)) Principles on Summary Executions (principle 6)
Standards
Everyone has the right to liberty and security of the person and to freedom of move-ment.42
No one shall be subjected to arbitrary arrest or detention.43
No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.44
Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest.45
Anyone who is arrested shall be promptly informed of any charges against him.46 Anyone who is arrested shall be brought promptly before a judicial authority.47 Anyone who is arrested shall have the right to appear before a judicial authority for the purpose of having the legality of his arrest or detention reviewed without delay, and shall be released if the detention is found to be unlawful.48
Anyone who is arrested has the right to trial within a reasonable time, or to release.49 Detention pending trial shall be the exception rather than the rule.50
All arrested or detained persons shall have access to a lawyer or other legal represen-tative, and adequate opportunity to communicate with that representative.51
A record of every arrest must be made and shall include: the reason for the arrest; the time of the arrest; the time transferred to a place of custody; the time of appearance before a judicial authority; the identity of involved officers; precise information on the place of custody; and details of the interrogation.52
42UDHR, articles 3 and 13; ICCPR, articles 9 and 12.
43UDHR, article 9; ICCPR, article 9.
The arrest record shall be communicated to the detainee, or to his legal counsel.53 The family of the arrested person shall be notified promptly of his arrest and place of detention.54
No one shall be compelled to confess or to testify against himself.55 Where necessary, an interpreter shall be provided during interrogation.56
Practice
All police officialsReview regularly, for a clear understanding of your powers of arrest and of the proce-dures to adopt upon and following arrest.
Participate in training to develop and maintain the necessary interpersonal skills, espe-cially communication skills, to enable you to effect arrests expertly, discreetly and with due respect for human dignity.
Where resistance is not evident, attempt calm, polite, disarming language when effect-ing an arrest, resorteffect-ing to strong, authoritative tones only when necessary.
Develop and maintain the necessary technical and tactical skills to enable you to carry out arrests expertly, discreetly and with due respect for human dignity.
Develop and maintain skills in use of handcuffs and other means of restraint.
Develop your self-confidence, including through self-defence skills.
Study carefully chapter 14 of the Manual on the use of force as it applies to arrests.
Seek an arrest order/warrant whenever possible.
Carry a small card in your uniform, setting forth the rights of an arrestee, and read those rights, verbatim, to the arrestee once he/she has been secured.
Study conflict resolution techniques, through in-service training or in available com-munity education programmes.
Keep careful arrest records, with detail as the first rule of thumb.
Command and supervisory officials
Issue and enforce clear standing orders on arrest procedures.
Provide continuous training to all officers on procedures for arrest, the rights of the arrested, and techniques for effecting arrest safely and humanely.
Provide training in inter-personal skills, conflict resolution techniques, self-defence and the use of restraint mechanisms.
Develop standard forms for the recording of arrest information, based on this session and the laws and procedures for arrest in your jurisdiction.
When arrests can be planned in advance, ensure that a range of options is available, and that planning, preparation, briefing and tactics adopted are appropriate to the cir-cumstances and conditions under which the arrest is to be effected.
Questions
01. Why is the right to liberty and security of person such an important right?
02. On the question of unnecessary arrests, give reasons why it is not always appro-priate to arrest a person even when you have the legal power to do so.
03. International human rights texts forbid arbitrary arrests. Devise a definition of an arbitrary arrest.
04. In addition to their usual powers of arrest (e.g. for the arrest of persons who may have committed criminal acts), police are sometimes empowered to arrest per-sons for the purpose of preventing the spread of infectious diseases, perper-sons of unsound mind, alcoholics, drug addicts and vagrants. Do you consider that it is a function of the police to deal with all of these categories of people? Which of these categories of people should be the concern of the police? Is it always nec-essary to exercise powers of arrest when dealing with them?
05. Both international human rights instruments and domestic legal texts require a person arrested on a criminal charge to be brought promptly before a judge or other judicial authority. Why have such provisions been introduced?
06. What violations of international human rights standards are committed when people are subjected to enforced or involuntary disappearances? What breaches of the criminal law of your country would be committed if such acts were car-ried out?
07. Why are interpersonal skills, especially communication skills, important when effecting an arrest?
08. Can interpersonal skills, including communication skills, be taught successful-ly? Imagine that you have been asked to devise a course for training police in such skills and devise an outline course programme setting out the subjects to be covered.
09. Make a list of the main points of advice you would give to a newly appointed police official on effecting lawful, necessary, expert and discreet arrests.
10. For the sake of discussion, imagine that a team of police officials has carried out the arrest of a number of suspects for serious crime following a planned polic-ing operation. What points would you want to review durpolic-ing a debriefpolic-ing exer-cise of this operation?