A/HRC/28/50
2.
Right to liberty and security
26.
The right to liberty and security is enshrined in article 3 of the Universal Declaration
of Human Rights and guaranteed under article 9 of the International Covenant on Civil and
Political Rights and article 9 of the Guinean Constitution. It affords individuals an essential
guarantee of freedom from arbitrary detention by ensuring that they will not be deprived of
their liberty except on grounds specified by law and in accordance with the relevant
established procedures.
27.
In 2014, the OHCHR office in Guinea visited 107 places of detention and observed
numerous cases of illegal arrest and arbitrary detention, both in gendarmeries and police
stations and in prisons run by regional authorities.
28.
According to the findings of OHCHR, numerous illegal arrests are made during
demonstrations and are followed by arbitrary detention. In February 2014, during the
above-mentioned events in Fria, the police arrested young men at random, either on the
street or at their homes, and sometimes late at night.
29.
In addition, OHCHR noted cases in which persons were arrested for acts committed
by their family members. In May 2014, a woman was prosecuted for the offence of
concealment, which had been committed by her son, who was wanted by the courts. She
was remanded in custody in Nzerékoré central prison, in violation of article 55, paragraph
2, of the Guinean Criminal Code, which provides that an offender’s spouse, parents or
relatives up to the fourth degree of affinity may not be prosecuted for harbouring a
criminal. OHCHR also found that persons who could not honour their civil commitments,
such as the payment of debts, were arrested and detained at the Télimélé central police
station and by the No. 3 mobile gendarmerie squad in Matam, Conakry. In all these cases,
intervention by OHCHR resulted in the detainees’ release.
30.
Violations of the right to liberty and security particularly affect persons in pretrial
detention on felony charges. Under Guinean law, the Assize Court should convene
regularly every four months. In addition, the Code of Criminal Procedure establishes a
maximum duration for pretrial detention of 24 months for the most serious crimes.
However, a person awaiting trial on charges of rape has been held in Kindia central prison
for the past nine years. More than 20 other persons detained on felony charges have been in
pretrial detention for periods of more than 2 to 6 years. Since August 2011, five officers of
the Guinean military, who were arrested in connection with the attack on the President’s
residence on 19 July 2011, have been held in Conakry central prison without trial or
renewal of the detention order against them. They were charged with crimes against State
security, murder and attempted murder by the indictment division of the Conakry court, and
their case was transferred to a military court that has yet to be established, before which
they are to stand trial for desertion and failure to obey orders, which carry maximum
penalties of 2 and 6 months’ imprisonment respectively under the Criminal Code.
31.
In addition, persons in pretrial detention for misdemeanours, for which the
maximum duration is 4 months under the Criminal Code, are being held in various prisons,
particularly in Conakry, for longer periods, usually without the renewal of the detention
order by a judge.
32.
Faster processing of the case files of suspects held in police custody and persons in
pretrial detention, as well as the use of alternative measures to detention, would help
resolve the problem of prison overcrowding and to improve prison conditions.
33.
Between January 2012 and June 2014, staff of the OHCHR office in Guinea visited
30 prisons in all eight administrative regions of the country, where a total of 3,110 persons
8
GE.15-03278
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