A/HRC/13/42*
page 145
Country
Response
territory of another State.
• No, secret detention is not an effective measure in countering
terrorism. There has been no case in which such secret
detention has been effective. Peru emphasizes its compliance
with all international obligations.
• There is legislation allowing police to arrest persons who are
caught in the act of committing a crime. They are informed of
the reason for the arrest, presumed innocent, have a right to
physical integrity, and right to lawyer and doctor, and to
communicate with family and friends. There are also
requirements which arise in cases where police carry out an
arrest pursuant to an arrest warrant: to inform the person of
the reasons for the arrest; to inform the magistrate, the reason
of detention and which authority had ordered the arrest; report
the arrest to the magistrate who needs to put the detainee
before the judge who issued the arrest warrant; and to inform
the detainee of their rights.
30. Philippines
• Facilities and practices of secret detention; such practices
contravene the Constitution which expressly prohibits secret,
solitary and incommunicado detention and torture, and are not
used. Specific laws provide penalties for those who violate
requirements in relation to the arrest, interrogation and
detention of those suspected of terrorism.
31. Poland
• On 11 March 2008, the district Prosecutor’s Office has
instituted proceedings on the alleged existence of secret CIA
prisons in Poland. This was referred to the Appellate
Prosecutor Office on 1 April 2009. The prosecutors are
gathering evidence which is considered secret or classified.
• To ensure the proper course of the proceedings, the
prosecutors are bound by confidentiality and cannot reveal
the findings. Once the proceedings are completed and the
findings are made public, the Government may respond.
32. Romania
• No instances of secret detention in the penitentiary system
• No involvement or collaboration in secret detention on the
territory of another State
• No further comments on effectiveness of secret detention or
other counter-terrorism measures or on past experiences with
secret detention.
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