A/HRC/45/CRP.11 Independence and Security of the Nation chapter of the Criminal Code, or the Law on Financing Terrorism and Organized Crime. 353. Civilians have also been charged with various crimes usually used for military officers under the Organic Code on Military Justice, including treason against the fatherland, 802 theft of military belongings,803 rebellion804 or outrage against the sentinel.805 Delays in Judicial Proceedings 354. In all of the cases investigated or reviewed, the Mission verified systematic incompliance with the timeframes established by law for the various procedural steps under the Criminal Procedure Code.806 Some of these extended beyond the procedural term limits. 807 This includes: • Failure to present detainees before the judiciary for initial court appearances within the 48-hour period following deprivation of liberty,808 either due to the suspensions by the court or failure of SEBIN or DGCIM to present the detainees. 809 • Failure by the Public Prosecutor’s Office to present either a formal charge, or to dismiss the case, within the 45 days after the initial court appearance, despite the detainee continuing to be held in pre-trial detention.810 This also affected the start of the preliminary hearing,811 which should take place in a period not exceeding 20 days following the presentation of the accusation.812 • Deferral of preliminary hearings by courts, due apparent backlogs of cases. 813 In some cases, the accused did not appear before court because SEBIN or DGCIM either failed to transport them. Both agencies at time blamed lack of transport resources, or claimed not to have received the summons to appear. In some cases, family members and/or lawyers told the Mission that they were not provided with an explanation for the suspensions. 355. These delays resulted in extended periods of pre-trial detention. Under the Criminal Procedure Code, if the Public Prosecutor’s Office does not present either a formal charge or request dismissal of the case within 45 days of the initial appearance, 814 the detainee should be released or be granted non-custodial measures.815 According to the Criminal Procedure Code, the measures, whether custodial or non-custodial, should not be imposed for longer than two years, unless an extension is justified and authorized by a judge in exceptional 802 803 804 805 806 807 808 809 810 811 812 813 814 815 Organic Code of Military Justice, article 464. Treason is also contemplated in articles 128 ff of the Criminal Code. Ibid., art. 570. Ibid., art. 476. Ibid., arts. 501 ff. According to article 44 of the Constitution and 236 of the Criminal Procedure Code, a person should be brought before a judicial authority within 48 hours after the deprivation of liberty. Article 236 of the Criminal Procedure Code also provides that if the judge confirms the detention, the prosecutor has a máximum of 45 days to either present a formal accusation or dismiss the case. Article 309 establishes that once the accusation has been presented, the preliminary hearing should take place within a maximum of 20 days. ICCPR, art. 14(c). 1999 Constitution, art. 44. Criminal Procedure Code, art. 236 (3). This included in the cases of Lorent Saleh, Gabriel Valles, Rodolfo Pedro González, Daniel Ceballos, Case 12: Lessi Marcano, C2EE15 (female), C2EE10 (female), Case 3: Gilber Caro, Juan Pedro Lares, C2EE01 (female), C2EE22 (female), C2EE23 (male), Case 7: Geraldine Chacon, Case 7: Gregory Hinds, Case 6: Victor Navarro, Case 6: C2EE09 (female). Criminal Procedure Code, art. 236 (3). For example in the cases of Case 8: Angel Zerpa, Catalina Andarcia. According to article 309 of the Criminal Procedure Code, the preliminary hearing is an oral hearing in the intermediary phase of the criminal proceedings. Criminal Procedure Code, art. 309. Including in the cases of Gabriel Valles, Lorent Saleh, Case 9: Juan Requesens, Jesus Medina Ezaine, Case 2: Antonio Ledesma, Case 3: Gilber Caro, Case 4: Steyci Escalona. Criminal Procedure Code, art. 236. Ibid. 91