Detention

Cabo Verde

Cabo Verde - Constitution 1992 (2010) EN

Article 30
(Right to freedom and personal security)
3. From the principle established in the preceding paragraph, the deprivation of freedom shall stand excepted, for the time period, and on the conditions, determined in the law, in one of the following cases:
a) Detention in flagrante delicto;
b) Detention or preventive custody based on strong evidence of the commission of a felony punishable by imprisonment, the maximum limit of which may be more than three years, where other procedural precautionary measures are deemed insufficient or inadequate;
c) Detention for non-compliance with the conditions imposed on the defendant on bail;
d) Detention to ensure compliance with court order or to ensure appearance before the judicial authority competent for performing or fulfilling a judicial act or decision;

Article 30
(Right to freedom and personal security)
3. From the principle established in the preceding paragraph, the deprivation of freedom shall stand excepted, for the time period, and on the conditions, determined in the law, in one of the following cases:

f) Arrest, detention or other restraining measure subject to judicial supervision, of a person who has entered or remained illegally in the national territory or against whom extradition or expulsion proceedings is underway;
g) Disciplinary arrest of military personnel, with guarantee of appeal to the competent court, under the terms of the law, subsequent to exhausting all hierarchical processes;
h) Detention of suspects, for the purposes of identification, for a minimum amount of time and cases deemed strictly necessary, determined in the law;

Article 30
(Right to freedom and personal security)

4. Any detained or arrested person must be informed immediately, in an unequivocal and understandable manner, of the reasons for his or her detention or arrest and of his or her constitutional and legal rights, and shall be authorized to contact an attorney, directly or through his or her own family or a person whom he or she trusts .
5. The detained or arrested person shall have the right of identification of those in charge of his or her detention or arrest and his or her interrogation.
6. The detention or arrest of any person and his or her precise location shall be communicated immediately to the family of the detained or arrested person or to the person indicated by the latter, with a brief description of the reasons which led to his or her detention or arrest.

Article 31
(Preventive custody)
1. Any detained person must be presented, within a maximum of forty-eight hours, to a competent judge, who shall be required to:
a) Explain to him or her clearly the facts that motivated his or her detention or arrest;
b) Informhimorherinaclearandunderstandablemannerofhisorherrightsandduties while he or she is detained or arrested;
c) Interrogate and listen to him or her, with respect to the alleged facts, in order to justify his or her detention or arrest, in the presence of the defense counsel freely chosen by him or her for the opportunity to defend himself or herself;
1. d) Make a reasoned decision, validating or invalidating the detention or the arrest.
2. Detention or preventive custody shall not be maintained whenever its substitution for a more favorable procedural precautionary measure established in the law is shown to be appropriate or sufficient, for the purposes of the law.
3. Judicial decision ordering or maintaining preventive custody, as well as the location where this custody will be carried out, must be communicated immediately to a family member of the detained or arrested person or to a person trusted and indicated by the latter.
4. Preventive custody shall be subject to the time limits established in the law, and may not, under any circumstance, exceed thirty-six months, counted from the date of the detention or arrest, in the terms of the law.

Rome Statute

Article 55 Rights of persons during an investigation

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.

Article 78 Determination of the sentence

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.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

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.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

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.