Article 61.Detention
If, after taking testimony from a suspect, some reliable evidence is found to prove that he committed an offence for which the laws prescribe the penalty of deprivation of liberty, the head of the investigation organisation or the public prosecutor may issue an order to detain such suspect for forty-eight hours to conduct further investigations, but shall report in writing to the public prosecutor within twenty-four hours from the time of the detention.
Within those forty-eight hours, the investigator or interrogator shall promptly take the preliminary testimony of the detainee and, after taking such testimony, form one of the following opinions:
85 Literally “secrecy”.
86 Literally “to bring someone by warrant”.
Translation Endorsed by the Law Committee of the National Assembly of the Lao PDR
1. If there is no reliable information to issue an order to open an investigation, the investigator or interrogator shall ask for an order from the head of the investigation organisation or the public prosecutor to release the suspect and shall immediately report in writing to the public prosecutor;
2. If reliable information is found that is the basis for opening an investigation and it is deemed necessary to remand the suspect, the head of the investigation organisation shall issue an order to open an investigation and ask for an order of remand from the public prosecutor. The interrogator also has to ask for an order to open an investigation and an order of remand from the public prosecutor.
After receiving the request of a head of an investigation organisation or an interrogator for an order of remand, the public prosecutor decides within twenty-four hours whether to release or to remand [the detainee].
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
(c) A person being transported shall be detained in custody during the period of transit;
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.