A/HRC/19/66 D. Administration of justice 27. Article 32 of the Constitution calls for the immediate presentation of charges to persons arrested in accordance with its criminal procedures. 18 The rules that govern criminal procedure also prohibit arbitrary detention and require that families of the detained be informed.19 The law guarantees access to and representation by legal counsel,20 and prohibits temporary detention for non-violent crimes, unless there is flight risk.21 Moreover, article 38 of the Constitution prohibits torture and states that confessions solicited by coercive actions “have no validity whatsoever”. Furthermore, article 14 of the International Covenant on Civil and Political Rights provides for due process and fair trial guarantees, including the right of all persons to a fair and public hearing by a competent, independent and impartial tribunal established by law. These rights are a mainstay of human rights protections and serve as a procedural means to safeguard the rule of law. 28. Reports recently conveyed to the Special Rapporteur, however, suggest that, despite these legal provisions, violations of due process rights are chronic, reducing the likelihood of a fair trial; for example, the majority of persons interviewed for the present report maintained that they were not presented with a warrant or reason for arrest during their interrogations. Several interviewees reported that they had endured unlawful searches and seizures, and had been held for weeks, even months, in solitary confinement without being informed of their charges. All interviewees stated that they had been blindfolded during transfer and their interrogation, and most were unable to contact family members to inform them of their whereabouts and did not have access to legal counsel after their arrest, and during their detention or investigations. 29. Furthermore, a number of interviewees stated that their lawyers only had access to them immediately prior to their trial and did not have access to evidence, case files or witnesses testifying against them. Some also reported that their lawyers had been prevented from presenting an oral defence during trial. In some cases, judges reportedly issued a verdict after a trial that lasted only a few minutes. Several stated that they had been subjected to coercive treatment that is tantamount to torture, including the excessive use of 18 19 20 21 10 “No one may be arrested except by order and in accordance with the procedure laid down by law. In the event of arrest, charges with the reasons for accusation must be communicated and explained, without delay, to the accused in writing, and a provisional dossier must be forwarded to the competent judicial authorities within a maximum of 24 hours so that the preliminaries to the trial may be completed as swiftly as possible. Violation of the present article will be liable to punishment in accordance with the law.” Article 5 of the Law of Respecting Legitimate Freedoms and Citizenship Rights (2004) states that “the principle of ban of arrest and detention of individuals necessitates that when it is compulsory to do so, it should be done on the basis of a warrant and in the manner prescribed by law. The case must be handed over to relevant judicial authorities within the time prescribed and the family members of the arrestee should be informed of the matter.” According to article 35 of the Constitution, “both parties to a lawsuit have the right in all courts of law to select an attorney; if they are unable to do so, arrangements must be made to provide them with legal counsel.” Article 132 of the Criminal Code of Procedure states that, “in order to have access to the accused and ensure his prompt presence, and when necessary prevent his flight or hiding or conspiring with another, the judge is duty-bound to, after explaining the charges to the accused, issue one of the following securing orders: (a) obligating to be present by promising on one‟s honour; (b) obligation to be present by deciding an obliging amount effective until the completion of trial and execution of the sentence and in case of refusal, changing it to a sponsoring amount; (c) receiving a sponsor or sponsoring amount; (d) receiving bail, which may include cash, bank promissory note or movable or immovable property; (e) temporary detention with accordance to the conditions prescribed by the present law.