Arbitrary Detention
 Share
This version of Google Chrome is no longer supported. Please upgrade to a supported browser.Dismiss

View only
 
 
ABCDEFGHI
1
Arbitrary Detention: U.S. State Department Human Rights Reports 1998-2008
2
Note: For individual reports, ctrl+click on the links listed in the far right column. All Country Reports on Human Rights Practices (1999-2008) are available here http://www.state.gov/g/drl/rls/hrrpt/
3
CountryYearDetention LawDetention in PracticeConditions of DetentionCircumstance(s) of DetentionDetention with U.S. ParallelsOnline Report
4
Burma/Myanmar 2008"The law does not prohibit arbitrary arrest or detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence"The government frequently arbitrarily detained individuals and extends prison sentences. "Prison and labor camp conditions generally were harsh and life threatening." "Food, clothing, and medical supplies reportedly were scarce in prisons. There were reports that authorities in some prisons forced prisoners to pay for food." Torture was used. Many prisoners developed health conditions while detained. 1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Labor
d. Those fostering religious disturbances
2. Detention of Government Critics
a. Campaigners against government's draft constitution
b. National League for Democracy, NLD
c. Aung San Suu Kyi, General Secretary of the NLD, under house arrest
d. Opposition leaders and MPs
e. 88 Generation Students
3. Detention of the Media
a. Journalists who covered the cyclone's aftermath
4. Detention of Refugees
a. North Koreans
http://www.state.gov/g/drl/rls/hrrpt/2008/eap/119035.htm
5
Burma/Myanmar 2007"The law does not prohibit arbitrary arrest or detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence"The government frequently arbitrarily detained individuals and extends prison sentences. "Prison and labor camp conditions generally were harsh and life threatening." "Food, clothing, and medical supplies reportedly were scarce in prisons. There were reports that authorities in some prisons forced prisoners to pay for food." Torture was used. Many prisoners developed health conditions while detained. 1. Detention of Activists
a. Human rights
b. Prodemocracy/ prodemocracy demonstrators in September's rally
c. Labor
d. Those fostering religious disturbances
e. Relatives of prodemocracy members
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD, under house arrest
c. Opposition leaders and MPs
d. 88 Generation Students
3. Detention of the Media
a. Journalists
http://www.state.gov/g/drl/rls/hrrpt/2007/100515.htm
6
Burma/Myanmar 2006"There is no provision in the law for judicial determination of the legality of detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence." The Emergency Act of 1950 allows for indefinite detention. The government frequently arbitrarily detained individuals and extends prison sentences. "Prison and labor camp conditions generally remained harsh and life threatening." "Food, clothing, and medical supplies reportedly were scarce in prisons." Torture was used. Many prisoners developed health conditions while detained. 1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Labor
d. Those fostering religious disturbances
e. Relatives of prodemocracy members
f. HIV/AIDS activists
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD, under house arrest
c. Opposition leaders and MPs
d. 88 Generation Students
3. Detention of the Media
a. Journalists
b. Writers
http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm
7
Burma/Myanmar 2005"There is no provision in the law for judicial determination of the legality of detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence." The Emergency Act of 1950 allows for indefinite detention. The government frequently arbitrarily detained individuals and extends prison sentences. "Prison and labor camp conditions generally remained harsh and life threatening." "Food, clothing, and medical supplies reportedly were scarce in prisons. There were reports that authorities in some prisons forced prisoners to pay for food." Torture was used. Many prisoners developed health conditions while detained. 1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Labor
d. Those fostering religious disturbances
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD, under house arrest
c. Opposition leaders and MPs
3. Detention of the Media
a. Journalists
b. Writers
4. Detention of Religion Violators
a. Defaming Buddhism
http://www.state.gov/g/drl/rls/hrrpt/2005/61603.htm
8
Burma/Myanmar 2004"There is no provision in the law for judicial determination of the legality of detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence." The Emergency Act of 1950 allows for indefinite detention. The government frequently arbitrarily detained individuals and extends prison sentences. "Prison conditions remained harsh and life threatening, and facilities were Spartan, but prisoners' rights continued to improve as a result of efforts by the International Committee of the Red Cross (ICRC), which continued to have regular access." Torture was used. 1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Labor
d. Those fostering religious disturbances
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD, under house arrest
c. Opposition leaders and MPs
3. Detention of the Media
a. Journalists
b. Writers
http://www.state.gov/g/drl/rls/hrrpt/2004/41637.htm
9
Burma/Myanmar 2003"There is no provision in the law for judicial determination of the legality of detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence." The Emergency Act of 1950 allows for indefinite detention. The government frequently arbitrarily detained individuals. "Prison conditions remained harsh and life threatening, although in some prisons conditions improved after the International Committee of the Red Cross (ICRC) was allowed access." Torture was used.1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Labor
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD
c. Opposition leaders and MPs
3. Detention of the Media
a. Journalists
b. Writers
http://www.state.gov/g/drl/rls/hrrpt/2003/27765.htm
10
Burma/Myanmar 2002"There is no provision in the law for judicial determination of the legality of detention," and "The law allows authorities to extend sentences after prisoners have completed their original sentence." The Emergency Act of 1950 allows for indefinite detention. The government frequently arbitrarily detained individuals and extends prison sentences. "Prison conditions remained harsh and life threatening, although in some prisons conditions improved after the International Committee of the Red Cross (ICRC) was allowed access." Torture was used.1. Detention of Activists
a. Human rights
b. Prodemocracy
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD (although allowed her to travel occasionally this year)
c. Opposition leaders and MPs
d. Members/supporters of armed ethnic groups
e. Lawyers
f. Students
3. Detention of the Media
a. Journalists
b. Writers
http://www.state.gov/g/drl/rls/hrrpt/2002/18237.htm
11
Burma/Myanmar 2001"There is no provision in the law for judicial determination of the legality of detention," and "Section 10a of the Penal Code allows the authorities to extend sentences arbitrarily after prisoners have completed their original term.""Arbitrary arrest and detention for expression of dissenting political views continued to be a common practice, although this decreased to some extent during the year." Sentences were often extended. "Prison conditions remained harsh and life threatening, although conditions have improved slightly in some prisons since the International Committee of the Red Cross (ICRC) was allowed access to prisons beginning in 1999." Torture was used. 1. Detention of Activists
a. Human rights
b. Prodemocracy
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD
c. Opposition leaders and MPs
d. Members/supporters of armed ethnic groups
e. Lawyers
3. Detention of the Media
a. Journalists
b. Writers
4. Detention of Farmers
a. Those not meeting government quotas
5. Detention of Foreigners
a. Journalists
b. Workers of international agencies
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2001/eap/8260.htm
12
Burma/Myanmar 2000"There is no provision in the law for judicial determination of the legality of detention," and "Section 10a of the Penal Code allows the authorities to extend sentences arbitrarily after prisoners have completed their original term.""Arbitrary arrest and detention for expression of dissenting political views continued to be a common practice, although this decreased to some extent during the year." Sentences were often extended. "Prison conditions generally remained harsh and life threatening." The ICRC has had unrestricted access to prisons since 1999, and has been improving prison conditions. Torture was used. 1. Detention of Activists
a. Human rights
b. Prodemocracy
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD
c. Opposition leaders and MPs
d. Lawyers
3. Detention of the Media
a. Journalists
b. Writers
4. Detention of Farmers
a. Those not meeting government quotas
5. Detention of Foreigners
a. Journalists
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2000/eap/678.htm
13
Burma/Myanmar 1999"There is no provision in the law for judicial determination of the legality of detention.""Arbitrary arrest and detention for expression of dissenting political views continued with increasing frequency." Prisoners were frequently held past their sentences. "Prison conditions remained harsh and life threatening, but improved slightly in some prisons after the International Committee of the Red Cross (ICRC) gained access to prisons in May." Torture was used. 1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Students
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Aung San Suu Kyi, General Secretary of the NLD
c. Opposition leaders and MPs
3. Detention of the Media
a. Journalists
b. Writers
4. Detention of Foreigners
a. Journalists
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/1999/282.htm
14
Burma/Myanmar 1998"There is no provision in the law for judicial determination of the legality of detention.""Arbitrary arrests and detentions for expression of dissenting political views continued with increasing frequency in an effort to intimidate the populace into submission in the face of deepening economic and political instability.""Prison conditions are harsh and life threatening. The extremely harsh prison regimen includes the lack of opportunity for exercise, mosquito nets and reading materials for some prisoners, poor nutrition, inadequate medical care, and the use of solitary confinement and "dog cells," (small enclosures that remind citizens of kennels used during World War II) as punishment."1. Detention of Activists
a. Human rights
b. Prodemocracy
c. Students
2. Detention of Government Critics
a. National League for Democracy, NLD
b. Opposition leaders and MPs
3. Detention of the Media
a. Journalists
4. Detention of Foreigners
a. Journalists
b. Activists
1. Detention of Foreignershttp://www.state.gov/www/global/human_rights/1998_hrp_report/burma.html
15
Canada2008"The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions," and "On February 12, Parliament passed amended immigration security certificate legislation giving noncitizens subject to detention and deportation on national security grounds greater access to evidence against them and extending to them the same detention review rights as permanent residents...the legislation also establishes stricter rules on disclosure and the use of secret evidence, prohibits the use of evidence if there are reasonable grounds to believe the authorities obtained it as a result of torture, and provides new avenues for review and appeal. The law addressed a February 2007 Supreme Court ruling that defendants have the right to know the evidence against them and that indefinite detention without review is arbitrary." "The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions," and "The legislation required the government to resubmit applications for all security certificates to the Federal Court. The government re-submitted five applications and dropped one. At year's end all five applications remained pending, with one individual incarcerated and four conditionally released pending deportation." "Prison and detention center conditions generally met international standards, and the government permitted visits by independent human rights observers." 1. Detention of Foreigners1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2008/wha/119151.htm
16
Canada2007"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."

"On February 23, the Supreme Court ruled on the appeal of a 2004 Federal Court of Appeal decision that it was constitutional for the government to arrest and detain on immigration security certificates noncitizens who pose a threat to national security. The Supreme Court struck down the process, ruling that indefinite detention without review is arbitrary and that defendants have the right to know the evidence against them. The court suspended its ruling for one year to allow the government time to rewrite the law."
"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions," and "At year's end one individual was incarcerated on a security certificate, and five other detainees subject to security certificate proceedings had been conditionally released, pending deportation." "Prison and detention center conditions generally met international standards, and the government permitted visits by independent human rights observers." 1. Detention of Foreigners1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2007/100631.htm
17
Canada2006"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."

"In December 2004, a federal appeals court ruled that it is constitutional for the Government to imprison, without public trial, any non-citizen who poses a security threat. Cases are presented in secret to two cabinet ministers by intelligence or police agencies and then reviewed by a federal judge. The evidence is not shown to the detained individual. If the judge approves the ministers' recommendation, the individual may be imprisoned indefinitely, pending deportation proceedings."
"In November a suspected Russian intelligence officer was detained pursuant to this procedure and deported the following month. At year's end, three individuals were incarcerated awaiting deportation, and three other detainees had been conditionally released, subject to the administrative deportation process.""Prison conditions generally met international standards. The government permitted visits by independent human rights observers, and such visits occurred during the year." 1. Detention of Foreigners1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2006/78883.htm
18
Canada2005"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."

"In December 2004, a federal appeals court ruled that it is constitutional for the Government to imprison, without public trial, any non-citizen who poses a security threat. Cases are presented in secret to two cabinet ministers by intelligence or police agencies and then reviewed by a federal judge. The evidence is not shown to the detained individual. If the judge approves the ministers' recommendation, the individual may be imprisoned indefinitely, pending deportation proceedings."
"As of October, pursuant to this procedure, four individuals were incarcerated awaiting deportation; two other detainees were conditionally released, subject to the administrative deportation process." "Prison conditions generally met international standards, and the government permitted visits by independent human rights observers."1. Detention of Foreigners1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2005/61719.htm
19
Canada2004"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."

"In December, a federal appeals court ruled that it is constitutional for the Government to imprison, without public trial, any non-citizen who poses a security threat. Cases are presented in secret to two cabinet ministers by intelligence or police agencies and then reviewed by a federal judge. The evidence is not shown to the detained individual. If the judge approves the ministers' recommendation, the individual may be imprisoned indefinitely, pending deportation proceedings."
"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions." "Since 1991, this procedure 'of imprisonment without public trial' has been used 27 times. At year's end, pursuant to this procedure, six individuals were incarcerated awaiting deportation.""Prison conditions generally met international standards, and the Government permitted visits by independent human rights observers."1. Detention of Foreigners1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2004/41752.htm
20
Canada2003"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."No additional information provided by State Department. "Prison conditions generally met international standards; however, there were several riots at the Kent maximum security facility in British Columbia, one of which resulted in the death of an inmate in June. There were also reports of deprivation of food and water being used to control inmates at the Kent facility." No additional information provided by State Department. http://www.state.gov/g/drl/rls/hrrpt/2003/27889.htm
21
Canada2002"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."No additional information provided by State Department. "Prison conditions generally met international standards, and the Government permitted visits by independent human rights monitors." No additional information provided by State Department. http://www.state.gov/g/drl/rls/hrrpt/2002/18323.htm
22
Canada2001"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."No additional information provided by State Department. "Prison conditions generally met international standards, and the Government permits visits by independent human rights monitors."No additional information provided by State Department. http://www.state.gov/g/drl/rls/hrrpt/2001/wha/8311.htm
23
Canada2000"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."No additional information provided by State Department. "Prison conditions meet minimum international standards, and the Government permits visits by human rights monitors."No additional information provided by State Department. http://www.state.gov/g/drl/rls/hrrpt/2000/wha/729.htm
24
Canada1999"The law prohibits arbitrary arrest, detention, or exile, and the Government observes these prohibitions."No additional information provided by State Department. "Prison conditions meet minimum international standards, and the Government permits visits by human rights monitors."No additional information provided by State Department. http://www.state.gov/g/drl/rls/hrrpt/1999/378.htm
25
Canada1998Unavailable online.
26
China2008"The law permits police and security authorities to detain persons without arresting or charging them.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers and the media." The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-labor camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners (especially during Olympics)
c. Former political prisoners and their family members
d. Lawyers of "sensitive clients"
2. Detention of Activists
a. Human rights
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures
b. "Religious extremism"
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. Foreign journalists and photographers
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2008/eap/119037.htm
27
China2007"The law permits police and security authorities to detain persons without arresting or charging them.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers and the media." The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners
c. Former political prisoners and their family members
d. Lawyers of "sensitive clients"
2. Detention of Activists
a. Human rights
b. Worker's rights
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures
b. "Religious extremism"
c. Falun Gong practitioners
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. Foreign journalists and photographers
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2007/100518.htm
28
China2006"The law permits police and security authorities to detain persons without arresting or charging them.""Arbitrary arrest and detention remained serious problems." "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers and the media." The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners
c. Former political prisoners and their family members
d. Lawyers of "sensitive clients"
e. Competing political parties/candidates
2. Detention of Activists
a. Human rights
b. Worker's rights
c. China Democracy Party (CDP)
d. Citizen bloggers
3. Detention of the Media
a. Journalists
b. Filmmakers
4. Detention for Religion
a. Unregistered religious figures
b. "Religious extremism"
c. Falun Gong practitioners
d. Missionaries
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. Foreign journalists and photographers
b. North Korean refugees
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2006/78771.htm
29
China2005"The law permits police and security authorities to detain persons without arresting or charging them.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers and the media." Overcrowding was the most serious issue, especially at maximum security prisons. The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners
c. Former political prisoners and their family members
d. Competing political parties/candidates
2. Detention of Activists
a. Human rights
b. Worker's rights
c. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures
b. Religious extremism
c. Falun Gong practitioners
d. Missionaries
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. Foreign journalists and photographers
b. North Korean refugees
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2005/index.htm
30
China2004"The law permits authorities, in some circumstances, to detain persons without arresting or charging them, and persons may be sentenced administratively to up to 3 years in reeducation through-labor camps and other administrative detention facilities without a trial.""Arbitrary arrest and detention remained serious problems." "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers." Overcrowding was the most serious issue, especially at maximum security prisons. The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners
c. Competing political parties/candidates
2. Detention of Activists
a. Union activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures
b. "Religious extremism"
c. Falun Gong practitioners
d. Missionaries
e. Monks returning from Nepal
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. Foreign journalists
b. North Korean refugees
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2004/41640.htm
31
China2003"The law permits authorities, in some circumstances, to detain persons without arresting or charging them, and persons may be sentenced administratively to up to 3 years in reeducation through-labor camps and other administrative detention facilities without a trial.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards." Overcrowding was the most serious issue, especially at maximum security prisons. The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners
c. Internet bloggers/authors
d. Competing political parties/candidates
2. Detention of Activists
a. Union activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures/groups
b. "Religious extremism"
c. Falun Gong practitioners
d. Missionaries
e. Monks returning from Nepal
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. Foreign journalists
b. North Korean refugees
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2002/18239.htm
32
China2002"The law permits authorities, in some circumstances, to detain persons without arresting or charging them, and persons may be sentenced administratively to up to 3 years in reeducation through-labor camps and other administrative detention facilities without a trial.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards." Overcrowding was the most serious issue. The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents
b. Petitioners
c. Internet bloggers/authors
d. Competing political parties/candidates
2. Detention of Activists
a. Union activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures/groups
b. "Religious extremism"
c. Falun Gong practitioners
d. Missionaries
e. Monks returning from Nepal
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans
8. Detention of Foreigners
a. North Koreans
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2002/18239.htm
33
China2001"The law permits authorities, in some circumstances, to detain persons without arresting or charging them, and persons may be sentenced administratively to up to 3 years in reeducation through-labor camps and other administrative detention facilities without a trial.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions generally met international standards." Overcrowding was the most serious issue. The law prohibits torture, but there were reports of physical abuse in detention. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents and relatives
b. Petitioners
d. Competing political parties/candidates
2. Detention of Activists
a. Labor activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
b. Internet authors
4. Detention for Religion
a. Unregistered religious figures/groups
b. "Religious extremism"
c. Falun Gong practitioners
d. Monks returning from Nepal
5. Detention of Separatists
6. Detention of Suspected Terrorists
7. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans (also separatists)
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/2001/eap/8289.htm
34
China2000"The law permits authorities, in some circumstances, to detain persons without arresting or charging them, and persons may be sentenced administratively to up to 3 years in reeducation through-labor camps and other administrative detention facilities without a trial.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions at most facilities remained harsh." Torture has been reported. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents and relatives
b. Petitioners
c. Competing political parties/candidates
d. Politically active monks
2. Detention of Activists
a. Labor activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
b. Internet authors
4. Detention for Religion
a. Unregistered religious figures/groups
b. Religious extremism
c. Falun Gong practitioners
5. Detention of Separatists
6. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans (also separatists)
http://www.state.gov/g/drl/rls/hrrpt/2000/eap/684.htm
35
China1999"The amendments to the Criminal Procedure Law, which came into effect in 1997, represented a significant improvement in the statutes governing arrest and detention. The amendments provide for earlier and greater access for defendants to legal counsel and the abolition of a regulation that allowed summary trials in certain cases involving the death penalty.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions at most facilities remained harsh." Torture has been reported. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents and relatives
b. Members of Tiananmen protests
c. Competing political parties/candidates
d. Politically active monks
2. Detention of Activists
a. Labor activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
b. Internet authors
4. Detention for Religion
a. Unregistered religious figures/groups
b. Religious extremism
c. Falun Gong practitioners
5. Detention of Separatists
6. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans (also separatists)
7. Detention of Academics
8. Detention to Enforce Birth Quota
9. Detention of Foreigners
a. religious practitioners
1. Detention of Foreigners http://www.state.gov/g/drl/rls/hrrpt/1999/284.htm
36
China1998"The amendments to the Criminal Procedure Law, which came into effect in 1997, represented a significant improvement in the statutes governing arrest and detention. The amendments provide for earlier and greater access for defendants to legal counsel and the abolition of a regulation that allowed summary trials in certain cases involving the death penalty.""Arbitrary arrest and detention remained serious problems," and "Because the government tightly controlled information, it was impossible to determine accurately the total number of persons subjected to arbitrary arrest or detention.""Prison conditions at most facilities remained harsh." Torture has been reported. There were also reeducation-through-work camps. 1. Detention of Government Critics
a. Dissidents and relatives
b. Members of Tiananmen protests
c. Competing political parties/candidates
d. Politically active monks
2. Detention of Activists
a. Labor activists
b. China Democracy Party (CDP)
3. Detention of the Media
a. Journalists
4. Detention for Religion
a. Unregistered religious figures/groups
b. Religious extremism
5. Detention of Separatists
6. Detention of Minorities
a. Uighurs (suspected to be terrorists/separatists)
b. Tibetans (also separatists)
7. Detention of Academics
8. Detention to Enforce Birth Quota
http://www.state.gov/www/global/human_rights/1998_hrp_report/china.html
37
Egypt2008"The constitution prohibits arbitrary arrest and detention." "The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "Article 42 of the constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained.""during the year, police and security forces engaged in such practices (arbitrary arrest and detention), including large-scale detentions of hundreds of individuals without charge under the Emergency Law, which was extended on April 26 for two more years.""Prison conditions and conditions in detention centers remained poor. Prison cells remained overcrowded, with a lack of medical care, proper hygiene, food, clean water, and proper ventilation. Tuberculosis was widespread; sexual and other abuse, especially of juveniles in adult facilities, was common, and guards brutalized prisoners." Torture is sometimes used to extract information/a confession. 1. Detention of Suspected Terrorists
2. Detention of Government Critics (suspected number between 4,000-5,000)
a. Muslim Brotherhood
b. Islamists
3. Forced Detention for HIV Tests
4. Detention of the Media
a. Internet bloggers
b. journalists
c. photographers
5. Detention of Activists
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2008/nea/119114.htm
38
Egypt2007"The constitution prohibits arbitrary arrest and detention." "The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "Article 42 of the constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained.""police and security forces conducted large-scale arrests and detained hundreds of individuals without charge under the Emergency Law. Continuing a trend begun in 2005, the government arrested and detained hundreds of activists affiliated with the banned-but-tolerated Muslim Brotherhood (MB), generally for periods lasting several weeks. The government continued to use the Emergency Law under the official state of emergency to try non-security cases in the emergency courts and to restrict many other basic rights...

The EOHR estimated that between 12,000 and 14,000 individuals remained in prison without charges or despite receiving release orders from the courts."
"Prison conditions remained poor. The EOHR and the Human Rights Association for the Assistance of Prisoners (HRAAP) reported deteriorating conditions in prisons, particularly overcrowded cells, a lack of medical care, proper hygiene, food, clean water, and proper ventilation. Tuberculosis was widespread." "There were numerous, credible reports that security forces tortured and mistreated prisoners and detainees." 1. Detention of Suspected Terrorists
2. Detention of Government Critics (suspected number between 8,000-10,000)
a. Muslim Brotherhood
b. Islamists
c. Islamic extremists (Islamic Jihad)
3. Detention of the Media
a. Internet bloggers
b. journalists
c. photographers
4. Detention of Activists
5. Detention of Labor Leaders
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2007/100594.htm
39
Egypt2006"The constitution prohibits arbitrary arrest and detention." "The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "Article 42 of the constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained.""police and security forces conducted large-scale arrests and detained hundreds of individuals without charge under the Emergency Law.""Prison conditions remained poor. During the year the EOHR and the Human Rights Association for the Assistance of Prisoners (HRAAP) reported deteriorating conditions in prisons, particularly overcrowded cells, a lack of medical care, proper hygiene, food, clean water, and proper ventilation. Tuberculosis was widespread." 1. Detention of Suspected Terrorists
2. Detention of Government Critics
a. Muslim Brotherhood
b. Islamic extremists (Islamic Jihad)
3. Detention of the Media
a. Internet bloggers
b. Journalists
4. Detention of Activists
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2006/78851.htm
40
Egypt2005"The constitution prohibits arbitrary arrest and detention." "The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "Article 42 of the constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained.""Police and security forces conducted large-scale arrests and detained hundreds of individuals without charge under the Emergency Law. Police also arbitrarily arrested and detained hundreds of persons in connection with unlicensed demonstrations and the parliamentary elections. Arbitrary arrest and detention remained a significant problem and increased markedly during the year.""Prison conditions remained poor, and the government did not permit visits by international human rights observers."1. Detention of Suspected Terrorists
2. Detention of Government Critics
a. Muslim Brotherhood
3. Detention of Activists
a. Protesting professors
b. Students
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2005/61687.htm
41
Egypt2004"The constitution prohibits arbitrary arrest and detention." "The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "Article 42 of the constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained.""Police and security forces engaged in arbitrary arrest and detention, including large-scale detentions of hundreds of individuals without charge under the Emergency Law." "Police, security personnel, and prison guards routinely tortured and abused prisoners and detainees, especially in cases of detentions under the Emergency Law, which authorizes incommunicado detention for prolonged periods." "Prison conditions remained poor. During the year the EOHR and the Human Rights Association for the Assistance of Prisoners (HRAAP) reported deteriorating conditions in prisons, particularly overcrowded cells, a lack of medical care, proper hygiene, food, clean water, and proper ventilation. Tuberculosis was widespread."1. Detention of Suspected Terrorists
2. Detention of Government Critics
a. Muslim Brotherhood
b. Suspected members of Gama' al-Islamic group
3. Detention of Activists
a. Students
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2004/41720.htm
42
Egypt2003"The constitution prohibits arbitrary arrest and detention." "The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "Article 42 of the constitution prohibits the infliction of "physical or moral harm" upon persons who have been arrested or detained.""security forces conducted large-scale arrests and detained hundreds of individuals without charge. Police also at times arbitrarily arrested and detained persons. The Emergency Law provides that police may obtain an arrest warrant from the Ministry of Interior upon showing that an individual poses a danger to security and public order. This procedure nullified the constitutional requirement of showing that an individual likely has committed a specific crime to obtain a warrant from a judge or prosecutor.""Prison conditions remained poor and tuberculosis was widespread. Prisoners suffered from overcrowding of cells, the lack of proper hygiene, food, clean water, proper ventilation, and recreational activities, and medical care."1. Detention of Suspected Terrorists
2. Detention of Government Critics
a. Muslim Brotherhood
b. Suspected members of Gama' al-Islamic group
3. Detention of Activists
a. Students
b. Anti-war demonstrators
4. Detention of the Media
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2003/27926.htm
43
Egypt2002"The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "During the year, security forces conducted large-scale arrests and detained hundreds of individuals without charge. Police also at times arbitrarily arrested and detained persons. Under the provisions of the Emergency Law, the police may obtain an arrest warrant from the Ministry of Interior upon showing that an individual poses a danger to security and public order. This procedure nullified the constitutional requirement of showing that an individual likely has committed a specific crime to obtain a warrant from a judge or prosecutor.""Prison conditions remained poor and tuberculosis was widespread. Prisoners suffered from overcrowding of cells, the lack of proper hygiene, food, clean water, proper ventilation, and recreational activities, as well as inadequate medical care." 1. Detention of Suspected Terrorists
2. Detention of Government Critics (between 13,000-16,000)
a. Muslim Brotherhood
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2002/18274.htm
44
Egypt2001"The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "As part of the Government's antiterrorist campaign, security forces conducted mass arrests and detained hundreds of individuals without charge. Police also at times arbitrarily arrested and detained persons.""Prison conditions remain poor. The Government has renovated and built several prisons in recent years, and attempted to improve health conditions by, for example, banning smoking; however, human rights groups report that overcrowding and unhealthy conditions continue. Cells are poorly ventilated, food is inadequate in quantity and nutritional value, drinking water often is polluted, and medical services are insufficient. Such conditions contribute to the spread of disease and epidemics. The use of torture and mistreatment in prisons continues to be common."1. Detention of Suspected Terrorists
2. Detention of Government Critics (between 13,000-16,000)
a. Muslim Brotherhood
3. Detention of Religious Law Violators
a. 18 Baha'is were detained without charges filed, suspected of violating a law abolishing Baha'i institutions
4. Detention of Activists
5. Detention of Religion Violators
a. Homosexuals
b. For "insulting a heavenly religion"
c. Few incidents of Christians being detained without charge
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2001/nea/8248.htm
45
Egypt2000"The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "As part of the Government's antiterrorist campaign, security forces conducted mass arrests and detained hundreds of individuals without charge. Police also at times arbitrarily arrested and detained persons.""Prison conditions remain poor.  New prisons built. Nonetheless, human rights groups report that overcrowding and unhealthy conditions continue.  Cells are poorly ventilated, food is inadequate in quantity and nutritional value, drinking water often is polluted, and medical services are insufficient.  Such conditions contribute to the spread of disease and epidemics.  The use of torture and mistreatment in prisons continues to be common."1. Detention of Suspected Terrorists
2. Detention of Government Critics (between 15,000-16,000)
a. Muslim Brotherhood
3. Detention of Activists
a. Students
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2000/nea/784.htm
46
Egypt1999"The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "As part of the Government's antiterrorist campaign, security forces conducted mass arrests and detained hundreds of individuals without charge. Police also at times arbitrarily arrested and detained persons.""Prison conditions remain poor. Government authorities reported the renovation or construction of 14 prisons during the past 5 years. Nonetheless, human rights groups report that overcrowding and unhealthy conditions continue. Cells are poorly ventilated, food is inadequate in quantity and nutritional value, drinking water often is polluted, and medical services are insufficient. These conditions contribute to the spread of disease and epidemics. The use of torture and mistreatment in prisons continues to be common."1. Detention of Suspected Terrorists
2. Detention of Government Critics
a. Muslim Brotherhood
3. Detention of Activists
a. Students
4. Detention of Religion Violators
a. A few Christians were reportedly briefly detained
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/1999/408.htm
47
Egypt1998"The Emergency Law allows arrest without a warrant and detention of an individual without charge for up to 30 days, after which a detainee may demand a court hearing to challenge the legality of the detention order." "As part of the Government's antiterrorist campaign, security forces have conducted mass arrests and detained hundreds of individuals without charge. Police also at times arbitrarily detained persons.""Prison conditions remain poor. Government authorities reported the renovation or construction of 14 prisons during the past 5 years. Nonetheless, human rights groups report that overcrowding and unhealthy conditions continue. Cells are poorly ventilated, food is inadequate in quantity and nutritional value, drinking water is often polluted, and medical services are insufficient. These conditions contribute to the spread of disease and epidemics. The use of torture and mistreatment continues to be common."1. Detention of Suspected Terrorists
a. The Islamic Group
b. The Jihad Group
2. Detention of Government Critics
a. Muslim Brotherhood
3. Detention of Religion Violators
a. Detainment and mistreatment of Christians
1. Detention of Suspected Terroristshttp://www.state.gov/www/global/human_rights/1998_hrp_report/egypt.html
48
France2008"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions.""According to its annual report for 2007, the number of complaints registered with the CNDS (National Security Ethics Commission) fell by 17% from 2006 to 2007 (from 140 to 117 cases).

"According to 2007 government statistics, the average length of pretrial detention was 5.7 months, an increase of 10% since 2001."
"Prison officials occasionally engaged in inappropriate conduct toward prisoners, including misuse of solitary confinement." Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119079.htm
49
France2007"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions."

"The 2006 antiterrorism law provides for longer periods for incommunicado detention according to which arrested terrorist suspects can be held for an initial period of four days before being charged or allowed access to a legal counsel. Authorities may then petition a judge to extend this period by an additional two days. After six days suspects must either be charged or released and allowed access to legal counsel."
"In a June report, the NGO Human Rights Watch (HRW) stated that the government did not provide 'real protection for fundamental rights' when expelling foreigners suspected of terrorist ties. According to the report, a suspected terrorist who petitions for asylum could be expelled by Interior Ministry fiat before the justice system can review the case. In addition HRW asserted that government disclosure of the expulsion justification is not mandatory, effectively denying the individual his opportunity for defense."

"In 2005, 35 percent of persons held in jails and prisons were awaiting trial. According to government statistics released on March 18, detention times for persons awaiting trial increased 13 percent since 2001, to an average of 7.1 months."
"Prison and detention center conditions generally met international standards, and the government permitted visits by independent human rights observers; however, credible NGOs reported overcrowding and unacceptable hygienic conditions in some facilities."Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2007/100559.htm
50
France2006"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions.""On November 2 the government announced that since its creation in 2000 the CNDS had submitted 419 legal misconduct cases against various authorities, more than half of them against police. Among police offenses, CNDS highlighted the excessive use of coercion during unjustifiably lengthy police custody and aggressive treatment of foreigners in border areas. CNDS recommended increased training in these areas for police."

"In July 2005, 35% of persons held in jails and prisons were awaiting trial. According to government statistics released on March 18, detention times for persons awaiting trial increased 13% since 2001, to an average of 7.1 months."
"Prison conditions generally met international standards; however, credible NGOs reported overcrowding and unacceptable hygiene conditions in some prisons."Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2006/78812.htm
51
France2005"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions.""There were allegations that authorities abused detainees; however, impunity was not a problem. The Inspector General of the National Police and the Office of Judicial Police investigated and prosecuted allegations of police brutality."
"Prison conditions generally met international standards; however, credible NGOs reported overcrowding and unacceptable hygiene conditions in some prisons.""There were no reports of political detainees."http://www.state.gov/g/drl/rls/hrrpt/2005/61648.htm
52
France2004"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions."

"In cases involving terrorism or other major crimes, suspects may be held up to 96 hours without access to a lawyer."
"There were allegations that authorities abused detainees; however, impunity was not a problem. The Inspector General of the National Police and the Office of Judicial Police investigated and prosecuted allegations of police brutality."

"According to the Ministry of Justice, 20,134 of the 58,231 persons held in jails and prisons were awaiting trial at year's end."
"Prison conditions generally met international standards; however, credible NGOs reported overcrowding and unacceptable hygiene conditions in some prisons."Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2004/41681.htm
53
France2003"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions.""Some suspects spend many years in prison before a trial, which government officials have acknowledged is due in part to insufficient government resources to expedite the investigation and trial process. According to the Ministry of Justice Prison Administration, as of September, 21,278 of the 57,440 persons held in jails and prisons were awaiting trial.""Prison conditions generally met international standards; however public debate continued on the adequacy of prison conditions. Credible NGOs have reported overcrowding and unacceptable hygiene conditions in some prisons."Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2003/27837.htm
54
France2002"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions."

"Suspects must have access to a lawyer within 1 hour of being detained."
"The judicial system has been criticized by credible sources for its inability to process suspects quickly." Some suspects spend many years in prison before a trial even starts. According to the Prison Administration, as of June 18,598 of the 54,950 persons held in jails and prisons were awaiting trial."Prison conditions generally met international standards"Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2002/18365.htm
55
France2001"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions."

"In January the 'Presumption of Innocence' Law took effect, which reduces the number of hours a suspect can be held without the presence of a lawyer, establishes a new appeals court process built around a jury trial, and limits the time a suspect may be held before formal charges are filed."

"Pretrial detention is generally only allowed if there is a possibility that the suspect would be sentenced to more than 3 years in prison for crimes against persons and to more than 5 years in prison for crimes against property."
"The judicial system has been criticized by credible sources for its inability to process suspects quickly. Some suspects spend many years in prison before a trial even starts. According to the Prison Administration, as of January 2000, 16,107 of the 47,837 persons held in jails and prisons were awaiting trial."

"A midyear inspection by the Ministry of Justice determined that the law's implementation led to an almost 10 percent decline in police custody and a 23 percent decline in provisional detention in the first 6 months of the year."
"Prison conditions generally meet international standards."Groups were not specified in this report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8253.htm
56
France2000"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions."

"In June Parliament passed the "presumption of innocence" bill, which includes provisions that address pretrial detention and which are designed to reduce the number of persons held in jails and prisons awaiting trial... the bill establishes a new system of "detention judges" who are to decide if a suspect is to be kept in detention pending trial."
"The judicial system has been criticized by credible sources for its inability to process suspects quickly. Some suspects spend many years in prison before a trial even starts. According to the Prison Administration, as of January 1, 18,100 of the 51,411 persons held in jails and prisons were awaiting trial."

None of the "presumption of innocence" bill's provisions were in effect at year's end.

"On October 31, the Paris correctional court released the last of the 53 suspects who had been arrested in May 1998 in a roundup of suspected Islamic terrorists. The court cited insufficient evidence."
"Prison conditions generally exceed minimum international standards."Detention of Terrorist Suspects
1. May 1998 roundup of suspected Islamic terrorists
1. Detention of Terrorist Suspectshttp://www.state.gov/g/drl/rls/hrrpt/2000/eur/754.htm
57
France1999"The law prohibits arbitrary arrest and detention, and the Government observes these prohibitions.""The judicial system has been criticized by credible sources for its inability to process suspects quickly. Some suspects spend many years in prison before a trial even starts. According to the Prison Administration, as of January 1, 20,610 of the 53,055 persons held in jails and prisons were awaiting trial."

"Police briefly detained and then released several dozen Iranian activists, including members of the Mujahedin-e Khalq organization, which had been responsible for previous violent incidents in France."

"The six resident non-French Muslims detained in 1994 by police on suspicion of supporting Algerian terrorists are believed to have been tried in the "chalabi network" case in October 1998, or released."
"Prison conditions generally exceed minimum international standards."1. Detention of Activists:
a. Mujahedin-e Khalq organization
b. Detention of non-French Muslims
2. Detention of Foreigners
3. Detention of Terrorist Suspects
1. Detention of Foreigners
2. Detention of Terrorist Suspects
http://www.state.gov/g/drl/rls/hrrpt/1999/329.htm
58
France1998Unavailable online.
59
Germany2008"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest. The right of free access to legal council has been restricted only in the cases of terrorists suspected of having used contacts with lawyers to continue terrorist activity while in prison." "Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119081.htm
60
Germany2007"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest. The right of free access to legal council has been restricted only in the cases of terrorists suspected of having used contacts with lawyers to continue terrorist activity while in prison." "Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers"No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2007/100561.htm
61
Germany2006"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest. The right of free access to legal council has been restricted only in the cases of terrorists suspected of having used contacts with lawyers to continue terrorist activity while in prison." "Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions generally met international standards, and the government permitted visits by independent human rights observers."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2006/78814.htm
62
Germany2005A law allowing a so called "retroactive preventive detention" for criminals went into force in July. Under the new law, criminals cannot be punished twice for the same crime; however, in cases involving certain serious crimes (rape, homicide, manslaughter and others), courts may order that detention be continued after the sentence has been served ("preventive detention")."In September the Constitutional Court ruled that the right to a speedy trial had been violated in the case of a criminal suspect who had been in 'investigative detention' since 1997. The man was suspected of having caused a gas explosion that killed six residents of an apartment building. The court ruled that the man should not have been detained because the state had no concrete evidence against him." "Prison conditions generally met international standards, and the government permitted visits by independent human rights observers."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2005/61650.htm
63
Germany2004A law allowing a so called "retroactive preventive detention" for criminals went into force in July. Under the new law, criminals cannot be punished twice for the same crime; however, in cases involving certain serious crimes (rape, homicide, manslaughter and others), courts may order that detention be continued after the sentence has been served ("preventive detention")."Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions met international standards."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2004/41683.htm
64
Germany2003"If there is evidence that a suspect might flee the country, police may detain that person for up to 24 hours pending a formal charge." "Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions generally met international standards."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2003/27839.htm
65
Germany2002"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest. The right of free access to legal council has been restricted only in the cases of terrorists suspected of having used contacts with lawyers to continue terrorist activity while in prison." "Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions generally met international standards."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2002/18367.htm
66
Germany2001"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest. The right of free access to legal council has been restricted only in the cases of terrorists suspected of having used contacts with lawyers to continue terrorist activity while in prison." "Police at times detained known or suspected rightwing and leftwing radicals for brief periods when they believe such individuals intend to participate in illegal or unauthorized demonstrations. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension.""Prison conditions generally meet international standards."No reported arbitrary detention.http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8259.htm
67
Germany2000"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest. The right of free access to legal council has been restricted only in the cases of terrorists suspected of having used contacts with lawyers to continue terrorist activity while in prison." "Police often detain known or suspected right and leftwing radicals for brief periods when the police believe such individuals intend to participate in illegal or unauthorized demonstrations. In August police in Thuringia took into temporary custody 53 persons who were suspected of heading for illegal rallies to mark the 13th anniversary of the death of Rudolf Hess. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension." "Prison conditions meet minimum international standards, and the Government permits visits by human rights monitors."Detention of Activists:
1. Left and Rightwing extremists
http://www.state.gov/g/drl/rls/hrrpt/2000/eur/765.htm
68
Germany1999"The Basic Law prohibits arbitrary arrest and detention, and the Government observes this prohibition. Any person detained by police must be brought before a judge and charged by the day after the arrest.""Police often detain known or suspected right and leftwing radicals for brief periods when the police believe such individuals intend to participate in illegal or unauthorized demonstrations. In August police detained about 25 persons suspected of heading for illegal rallies to mark the 11th anniversary of the death of Rudolf Hess. The rules governing this type of detention are different in each state, with authorized periods of detention ranging from 1 to 14 days, provided judicial concurrence is given within 24 hours of initial apprehension." "Prison conditions meet minimum international standards, and the Government permits visits by human rights monitors."Detention of Activists:
1. Left and Rightwing extremists
http://www.state.gov/g/drl/rls/hrrpt/1999/331.htm
69
Germany1998"The Basic Law prohibits arbitrary arrest, detention, or exile, and the Government observes this prohibition.""Police often detain known or suspected right and leftwing
radicals for brief periods when the police believe such individuals intend to participate in illegal or unauthorized
demonstrations. For example, in August police detained about 25 persons suspected of heading for illegal rallies to mark the 11th anniversary of the death of Rudolf Hess."
"Prison conditions meet minimum international standards, and the Government permits visits by human rights monitors."Detention of Activists:
1. Left and Rightwing extremists
http://www.menschenrechtsbuero.de/pdf/us26feb1999.pdf
70
Iran2008"The constitution prohibits arbitrary arrest and detention." Arrested individuals must be notified of charges within 24 hours. The practice of arbitrary arrest and detention was common. Laws and rules regarding arrest and detention were rarely followed. Detainees often spent weeks or months without charges or trial. Most detainees were charged with "acting against national security" and "propaganda against the system." Many detainees executed for criminal offenses were actually political dissidents. "Security forces and prison personnel reportedly torture prisoners. Some detainees face execution. Prison conditions were poor. Many prisoners were held in solitary confinement or denied adequate food or medical care as a way to force confessions. Overcrowding was a significant problem."1. Detention of Activists
a. Students promoting the celebration of Azeri language and culture were detained
b. Women's rights activists detained
2. Detention of Academics
3. Detention of Government Critics
a. The exact number of these detainees is unknown, but human rights activists estimate the number to be in the hundreds.
4. Detention of Minorities
5. Detention of Religion Violators
a. The morality police would detain those who did not cover their hair properly
b. Adherents of the Baha'i faith frequently faced arbitrary detention
6. Detention of the Media
a. Included detention of Internet bloggers
7. Detention of Refugees (from Afghanistan)
8. Detention of Labor Leaders
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2008/nea/119115.htm
71
Iran2007"The constitution prohibits arbitrary arrest and detention." Arrested individuals must be notified of charges within 24 hours. The practice of arbitrary arrest and detention is common. Laws and rules regarding arrest and detention are rarely followed. Detainees often spend weeks or months without charges or trial. Most detainees are charged with "acting against national security" and "propaganda against the system". "Security forces and prison personnel reportedly torture prisoners. Some detainees face execution. Prison conditions were poor. Many prisoners were held in solitary confinement or denied adequate food or medical care as a way to force confessions. Overcrowding was a significant problem."1. Detention of Activists
a. Women's rights activists detained
b. Students detained
2. Detention of Academics
3. Detention of Government Critics
a. The exact number of these detainees is unknown, but human rights activists estimate the number to be in the hundreds.
4. Detention of Minorities
5. Detention of Religion Violators
a. adherents of the Baha'i faith frequently face arbitrary detention
b. Dissident clerics are sometimes detained
6. Detention of the Media
a. Included detention of Internet bloggers
7. Detention of Labor Leaders
http://www.state.gov/g/drl/rls/hrrpt/2007/100595.htm
72
Iran2006"The constitution prohibits arbitrary arrest and detention." Arrested individuals must be notified of charges within 24 hours. The practice of arbitrary arrest and detention was common. Laws and rules regarding arrest and detention were rarely followed. Detainees often spent weeks or months without charges or trial. Most detainees were charged with "acting against national security" and "propaganda against the system."There was reported torture in prisons. "Prison conditions in the country were poor. Many prisoners were held in solitary confinement or denied adequate food or medical care to force confessions." 1. Detention of Activists
a. Women's rights activists detained
b. Students detained
2. Detention of Academics
3. Detention of Government Critics
a. The exact number of these detainees is unknown, but human rights activists estimate the number to be in the hundreds.
4. Detention of Minorities
5. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
6. Detention of the Media
7. Detention of Labor Leaders
http://www.state.gov/g/drl/rls/hrrpt/2006/78852.htm
73
Iran2005"The constitution prohibits arbitrary arrest and detention." Arrested individuals must be notified of charges within 24 hours. Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention."There was reported torture in prisons. "Prison conditions in the country were poor. Many prisoners were held in solitary confinement or denied adequate food or medical care to force confessions." 1. Detention of Activists
a. Women's rights activists detained
b. Students detained
2. Detention of Government Critics
3. Detention of Minorities
4. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
5. Detention of the Media
a. Including Internet writers
6. Detention of Labor Leaders
http://www.state.gov/g/drl/rls/hrrpt/2005/61688.htm
74
Iran2004"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention."There was reported torture in prisons. "Prison conditions in the country were poor. Many prisoners were held in solitary confinement or denied adequate food or medical care to force confessions. The UN reported that they suspect more torture occurs in unofficial state prisons." 1. Detention of Activists
a. Women's rights activists detained
b. Students detained
2. Detention of Government Critics
3. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
4. Detention of the Media
a. Including Internet writers
5. Detention of Labor Leaders
6. Detention of Academics
http://www.state.gov/g/drl/rls/hrrpt/2004/41721.htm
75
Iran2003"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention."There was reported torture in prisons. "Prison conditions in the country were poor. Many prisoners were held in solitary confinement or denied adequate food or medical care to force confessions. The UN reported that they suspect more torture occurs in unofficial state prisons." 1. Detention of Government Critics
2. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
3. Detention of the Media
4. Detention of Academics
http://www.state.gov/g/drl/rls/hrrpt/2003/27927.htm
76
Iran2002"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention.""Prison conditions were harsh. Some prisoners were held in solitary confinement or denied adequate food or medical care in order to force confessions. Female prisoners reportedly have been raped or otherwise tortured while in detention."1. Detention of Government Critics
a. Protesting students
2. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
3. Detention of the Media
4. Detention of Minorities
http://www.state.gov/g/drl/rls/hrrpt/2002/18276.htm
77
Iran2001"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention.""Prison conditions were harsh. Some prisoners were held in solitary confinement or denied adequate food or medical care in order to force confessions. Female prisoners reportedly have been raped or otherwise tortured while in detention."1. Detention of Government Critics
a. Protesting students
2. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
3. Detention of the Media
a. More than 20 journalists, editors, and publishers remain in prison.
4. Detention of Activists
a. They have also been known to disappear.
b. Women's rights
http://www.state.gov/g/drl/rls/hrrpt/2001/nea/8251.htm
78
Iran2000"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention.""Prison conditions were harsh. Some prisoners were held in solitary confinement or denied adequate food or medical care in order to force confessions. Female prisoners reportedly have been raped or otherwise tortured while in detention."1. Detention of Government Critics
a. Protesting students
2. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
3. Detention of the Media
a. More than 20 journalists, editors, and publishers remain in prison.
4. Detention of Activists
a. They have also been known to disappear.
b. Women's rights
http://www.state.gov/g/drl/rls/hrrpt/2000/nea/786.htm
79
Iran1999"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention.""Prison conditions were harsh. Some prisoners were held in solitary confinement or denied adequate food or medical care in order to force confessions. Female prisoners reportedly have been raped or otherwise tortured while in detention."1. Detention of Government Critics
a. Protesting students
2. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
3. Detention of the Media
a. More than 20 journalists, editors, and publishers remain in prison.
4. Detention of Activists
a. They have also been known to disappear.
b. Women's rights
http://www.state.gov/g/drl/rls/hrrpt/1999/409.htm
80
Iran1998"The constitution prohibits arbitrary arrest and detention." Arbitrary arrest and detention, including prolonged solitary confinement was reported as a human rights problem. "In practice there is no legal time limit for incommunicado detention nor any judicial means to determine the legality of detention.""Prison conditions were harsh. Some prisoners were held in solitary confinement or denied adequate food or medical care in order to force confessions. Female prisoners reportedly have been raped or otherwise tortured while in detention."1. Detention of Government Critics
a. Protesting students
b. In 1998, the government killed four political dissidents and was later put on trial.
2. Detention of Religion Violators
a. Adherents of the Baha'i faith frequently face arbitrary detention
3. Detention of the Media
a. More than 20 journalists, editors, and publishers remain in prison.
4. Detention of Activists
a. They have also been known to disappear.
b. Women's rights
http://www.state.gov/www/global/human_rights/1998_hrp_report/iran.html
81
Russia2008"The law prohibits arbitrary arrest and detention." "Police must interrogate the detainee within the first 24 hours of detention. Prior to the interrogation, the detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor and the detainee's relatives about the detention unless a prosecutor issues a warrant to keep the detention secret.""In practice, [arbitrary arrest and detention] remained problems.""Prison conditions were harsh and frequently life threatening." There were also reports of illegal detention centers in Chechnya. 1. Detention of Government Critics
a. Members of the opposition
b. Opposition from other Soviet republics
2. Detention of Minorities
a. Georgians
3. Detention of the Media
4. Detention of Activists
a. Police detained participants in a Dissenters' March and a rally in memory of Anna Politkovskaya
5. Detention of Labor Leaders
6. Detention of Suspected Terrorists
a. Suspected Islamic militants
7. Detention of Suspected Separatists
a. Chechens
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2008/eur/119101.htm
82
Russia2007"The law prohibits arbitrary arrest and detention." "Police must interrogate the detainee within the first 24 hours of detention. Prior to the interrogation, the detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor and the detainee's relatives about the detention unless a prosecutor issues a warrant to keep the detention secret.""In practice, [arbitrary arrest and detention] remained problems.""Prison conditions were harsh and frequently life threatening." There were also reports of illegal detention centers in Chechnya. 1. Detention of Government Critics
a. Members of the opposition
b. Opposition from other Soviet republics
2. Detention of Minorities
a. Georgians
3. Detention of the Media
4. Detention of Activists
a. Police detained participants in a Dissenters' March and a rally in memory of Anna Politkovskaya
5. Detention of Labor Leaders
6. Detention of Suspected Terrorists
a. Suspected Islamic militants
7. Detention of Suspected Separatists
a. Chechens
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2007/100581.htm
83
Russia2006"The law prohibits arbitrary arrest and detention." "Police must interrogate the detainee within the first 24 hours of detention. Prior to the interrogation, the detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor and the detainee's relatives about the detention unless a prosecutor issues a warrant to keep the detention secret.""In practice, [arbitrary arrest and detention] remained problems.""Prison conditions were harsh and frequently life threatening." There were also reports of illegal detention centers in Chechnya. 1. Detention of Government Critics
a. Members of the opposition
b. Opposition from other Soviet republics
2. Detention of Minorities
a. Georgians
3. Detention of the Media
a. This year, Anna Politkovskaya was killed.
4. Detention of Activists
a. Police detained participants in a Dissenters' March and potential protestors at the G8
5. Detention for Religion
a. Missionaries were occasionally detained briefly
b. Muslims were occasionally detained for studying the Koran/following Islamic dress where not permitted
6. Detention of Separatists
a. Chechens
http://www.state.gov/g/drl/rls/hrrpt/2006/78835.htm
84
Russia2005"The law prohibits arbitrary arrest and detention." "Police must interrogate the detainee within the first 24 hours of detention. Prior to the interrogation, the detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor and the detainee's relatives about the detention unless a prosecutor issues a warrant to keep the detention secret.""In practice, [arbitrary arrest and detention] remained problems.""Prison conditions were harsh and frequently life threatening." 1. Detention of Government Critics
a. Members of the opposition
b. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Chechens
3. Detention of the Media
4. Detention for Religion
a. Brief detainment for Jehovah's Witnesses
b. Brief detainment of Muslim women for wearing the Islamic dress and studying the Koran where not permitted.
5. Detention of Refugees
6. Detention of Labor Leaders
http://www.state.gov/g/drl/rls/hrrpt/2005/61671.htm
85
Russia2004"The Constitution provides that individuals may be arrested, taken into custody, or detained more than 24 hours, only upon a judicial decision.""Arbitrary arrest and detention remained problems."" Prison conditions improved but continued to be extremely harsh and frequently life threatening. Earlier changes in criminal procedures led to further reductions in arbitrary arrest and lengthy pretrial detention, and judges routinely enforced pre-trial time limits."1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Chechens
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention for Religion
a. Brief detainment of Jehovah's Witnesses
http://www.state.gov/g/drl/rls/hrrpt/2004/41704.htm
86
Russia2003"The Constitution provides that individuals may be arrested, taken into custody, or detained more than 24 hours, only upon a judicial decision.""Arbitrary arrest and detention remained problems.""Prison conditions continued to be extremely harsh and frequently life-threatening. Arbitrary arrest and lengthy pretrial detention, while significantly reduced by a new Code of Criminal Procedure, remained problems, as did police corruption."1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Chechens
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention of Foreigners
a. Igor Sutyagin, researcher with the U.S. and Canada Institute, has been detained for five years without a trial under suspicion of espionage.
6. Detention of Minorities
a. Meskhetian Turks
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2003/27861.htm
87
Russia2002"The new Code stipulates that if the police have probable cause to believe that a suspect has committed a crime, or that the suspect is an imminent threat to others, they may detain him for not more than 24 hours. During that time, they must notify the procurator, who then has 24 hours to confirm the charge or release the suspect.""Arbitrary arrest and detention remained problems.""Prison conditions remained extremely harsh and frequently life threatening." Police forces sometimes "cleansed" an area after a rebel attack, detaining and torturing persons in a "rebel" area. 1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Persons from the Caucasus
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention of Foreigners
a. Igor Sutyagin, researcher with the U.S. and Canada Institute, has been detained without a trial under suspicion of espionage.
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2002/18388.htm
88
Russia - State2001"According to the Constitution, arrests, police detention, and searches require judicial approval; however, the Constitution also states that until the Criminal Procedure Code is brought into conformity with the Constitution, existing legislation--which provides for the Procuracy rather than courts to approve arrests and searches--remains in effect.""Arbitrary arrest and detention remained serious problems." "In the absence of measures to implement the procedural safeguards contained in the Constitution, suspects often were subjected to uneven and arbitrary treatment by officials acting under the Criminal Procedure Code and presidential decrees. Procurators were able to issue orders of detention without judicial approval and police detained suspects for up to 48 hours without a warrant.""Prison conditions remained extremely harsh and frequently life threatening." Police forces sometimes "cleansed" an area after a rebel attack, detaining and torturing persons in a "rebel" area. 1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Persons from the Caucasus
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention of Foreigners
a. Igor Sutyagin, researcher with the U.S. and Canada Institute, has been detained without a trial under suspicion of espionage.
6. Detention of Activists
a. Human rights
7. Detention for Religion
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2001/eur/8331.htm
89
Russia2000"The Constitution provides that the arrest, taking into custody, and detention of persons suspected of crimes are permitted only by judicial decision.""Arbitrary arrest and detention remain serious problems." "There are credible reports from throughout the country that police detain persons without observing mandated procedures and fail to issue proper arrest warrants or receipts for confiscated property. This is especially true for persons from the Caucasus.""Prison conditions continued to be extremely harsh and frequently life-threatening. According to human rights groups, approximately 11,000 detainees and prison inmates die in penitentiary facilities annually, some from beatings, but most as a result of overcrowding, inferior sanitary conditions, disease, and lack of medical care." Torture was common, especially of persons from the Caucasus.1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Persons from the Caucasus
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention of Foreigners
a. Igor Sutyagin, researcher with the U.S. and Canada Institute, has been detained without a trial under suspicion of espionage.
b. Foreign journalists, especially those that cover the Caucasus
6. Detention for Religion
1. Detention of Foreignershttp://www.state.gov/g/drl/rls/hrrpt/2000/eur/877.htm
90
Russia1999"The Constitution provides that the arrest, taking into custody, and detention of persons suspected of crimes are permitted only by judicial decision.""Arbitrary arrest and detention remain serious problems." "There are credible reports from throughout the country that police detain persons without observing mandated procedures and fail to issue proper arrest warrants or receipts for confiscated property.""Prison conditions continue to be extremely harsh and frequently are life threatening. According to human rights groups, between 10,000 and 20,000 detainees and prison inmates die in penitentiary facilities annually, some from beatings, but most as a result of overcrowding, inferior sanitary conditions, disease, and lack of medical care." There were credible reports of torture. 1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Persons from the Caucasus
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention of Foreigners
a. Igor Sutyagin, researcher with the U.S. and Canada Institute, has been detained without a trial under suspicion of espionage.
b. Foreign journalists, especially those that cover the Caucasus
6. Detention for Religion
7. Detention of Suspected Terrorists
a. Chechen citizens thought to be responsible for bomb attack
8. Detention of Activists
a. Environmental
1. Detention of Foreigners
2. Detention of Suspected Terrorists
http://www.state.gov/g/drl/rls/hrrpt/1999/356.htm
91
Russia1998"The Constitution provides that the arrest, taking into custody, and detention of persons suspected of crimes are permitted only by judicial decision.""Arbitrary arrest and detention remain serious problems." "There are credible reports from throughout the country that police detain persons without observing mandated procedures and fail to issue proper arrest warrants or receipts for confiscated property.""Prison conditions continue to be extremely harsh and frequently are life threatening. According to human rights groups, between 10,000 and 20,000 detainees and prison inmates die in penitentiary facilities annually, some from beatings, but most as a result of overcrowding, inferior sanitary conditions, disease, and lack of medical care." There were credible reports of torture. 1. Detention of Government Critics
a. Opposition from other Soviet republics
2. Detention of Suspected Separatists
a. Persons from the Caucasus
3. Detention of the Media
a. Journalists critical of the government
4. Detention of Labor Leaders
5. Detention of Activists
a. Human rights
http://www.state.gov/www/global/human_rights/1998_hrp_report/russia.html
92
Saudi Arabia2008"The Basic Law prohibits arbitrary arrest and detention and limits the period of arrest to 72 hours without charges being filed. The law provides for trial of the detained within six months."People were often held for weeks, months, or longer due to broad powers of the MOI.There was prolonged detention when prisoners were in poor health, brutalization by guards in some detention centers, and overcrowding in detention centers.1. Detention of Suspected Terrorists
a. Saudi Arabia frequently detains without charge those who are suspected to be militants or threats to security.
2. Detention of Activists
a. HRW and AI have criticized Saudi Arabia for its detention of activists
3. Detention of Religion Violators
a. Saudi Arabia frequently detains Shia religious leaders and others who violate religious standards.
1. Detention of Suspected Terroristshttp://www.state.gov/g/drl/rls/hrrpt/2008/nea/119126.htm
93
Saudi Arabia2007"The Basic Law prohibits arbitrary arrest and detention and limits the period of arrest to five days without charges being filed."People were often held for weeks, months, or longer due to broad powers of the MOI. The authorities frequently detained people without following legal guidelines.There was prolonged detention when prisoners were in poor health, brutalization by guards in some detention centers, and overcrowding in detention centers.1. Detention of Government Critics
a. Detention of government protestors supporting a constitutional monarchy
2. Detention of Religion Violators
a. Christian convert detained and reportedly tortured.
http://www.state.gov/g/drl/rls/hrrpt/2007/100605.htm
94
Saudi Arabia2006The law prohibits the arbitrary arrest and detention of people. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge.People were often held for weeks, months, or longer due to broad powers of the MOI. The authorities frequently detained people without following legal guidelines. Religious police often turned their arrests over to the police for longer detainment. Many prisons were deemed to be acceptable; some were considered below health standards. Pretrial detainees were sometimes held with convicted criminals. 1. Detention of Government Critics
2. Detention of Religion Violators
a. Religious police arrested and detained people engaging in a "vice", women interacting inappropriately with men, private religious ceremonies, Christians.
b. The Shia minority is discriminated against by the government.
c. Many people, especially foreigners, detained under the accusation of "sorcery" and "magic".
http://www.state.gov/g/drl/rls/hrrpt/2006/78862.htm
95
Saudi Arabia2005Law prohibits arbitrary arrest and detention, and detainment without charge for five days. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge. The MOI has broad powers to detain indefinitely, often for weeks, months, or longer. The authorities frequently detained people without following legal guidelines. Religious police often turned their arrests over to the police for longer detainment. Many prisons were deemed to be acceptable; some were considered below health standards.1. Detention of Government Critics
2. Detention of Religion Violators
a. Christians are frequently arrested.
b. The Shia minority is frequently discriminated against by the government.
c. Many people, especially foreigners, detained under the accusation of "sorcery" and "magic".
http://www.state.gov/g/drl/rls/hrrpt/2005/61698.htm
96
Saudi Arabia2004The law prohibits arbitrary arrest and detention and limits the period of arrest to 5 days without charges being filed. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge. People were held weeks or months and sometimes longer, and the law gives the Minister of Interior broad powers to detain persons indefinitely. The authorities at times arrested and detained persons without following explicit legal guidelines. Religious police often turn their arrests over to the police for longer detainment. Abuse of detainees had been reported. Prison conditions vary, with most generally good. Prolonged detainment of those in poor health had been reported. 1. Detention of Government Critics
2. Detention of Religion Violators
a. Christians are frequently arrested.
b. The Shia minority is frequently discriminated against by the government.
c. Many people, especially foreigners, detained under the accusation of "sorcery" and "magic".
http://www.state.gov/g/drl/rls/hrrpt/2004/41731.htm
97
Saudi Arabia2003The law prohibits arbitrary arrest and detention. The law provides that authorities may not detain suspects for more than 3 days without charging them. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge."The authorities at times arrested and detained persons without following explicit legal guidelines. The Mutawwa'in intimidated and brought to police stations persons whom they accused of committing 'crimes of vice' based on their own religious interpretations." Religious police often turned their arrests over to the police for longer detainment. There were reports of torture and abuse of prisoners in prison. Cleanliness and quality of prisons generally met internationally accepted standards, with some variation. 1. Detention of Government Critics
2. Detention of Religion Violators
a. Christians are frequently detained, although are usually not help for long.
b. Violators of acceptable men-women interaction are frequently arrested.
c. Those accused of "sorcery" or "magic" were sometimes detained.
http://www.state.gov/g/drl/rls/hrrpt/2003/27937.htm
98
Saudi Arabia2002The law prohibits arbitrary arrest and detention. The law provides that authorities may not detain suspects for more than 3 days without charging them. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge."The authorities at times arrested and detained persons without following explicit legal guidelines. The Mutawwa'in intimidated and brought to police stations persons whom they accused of committing 'crimes of vice' based on their own religious interpretations." Religious police often turned their arrests over to the police for longer detainment. There were reports of torture and abuse of prisoners. Cleanliness and quality of prisons generally met internationally accepted standards, with some variation.1. Detention of Government Critics
2. Detention of Religion Violators
a. Christians are frequently detained, although are usually not held for long.
b. Violators of acceptable men-women interaction are frequently arrested.
c. Those accused of "sorcery" or "magic" were sometimes detained.
http://www.state.gov/g/drl/rls/hrrpt/2002/18288.htm
99
Saudi Arabia2001The law prohibits arbitrary arrest and detention. The law provides that authorities may not detain suspects for more than 3 days without charging them. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge."The authorities at times arrested and detained persons without following explicit legal guidelines. The Mutawwa'in intimidated and brought to police stations persons whom they accused of committing 'crimes of vice' based on their own religious interpretations." Religious police often turned their arrests over to the police for longer detainment. There were reports of torture and abuse of prisoners. Cleanliness and quality of prisons generally met internationally accepted standards, with some variation.1. Detention of Government Critics
2. Detention of Religion Violators
a. Violators of acceptable men-women interaction are frequently arrested.
b. Detainment of Christians.
c. Detainment of Shia minority, including Shia sheikhs.
http://www.state.gov/g/drl/rls/hrrpt/2001/nea/8296.htm
100
Saudi Arabia2000The law prohibits arbitrary arrest and detention. The law provides that authorities may not detain suspects for more than 3 days without charging them. The religious police are not permitted to hold detainees for over 24 hours. The authorities may detain people who criticize the government without charge."The authorities at times arrested and detained persons without following explicit legal guidelines. The Mutawwa'in intimidated and brought to police stations persons whom they accused of committing 'crimes of vice' based on their own religious interpretations." Religious police often turn their arrests over to the police for longer detainment. There were reports of abuse of prisoners. Cleanliness and quality of prisons generally met internationally accepted standards, with some variation.1. Detention of Government Critics
2. Detention of Religion Violators
a. Detainment of Christians.
b. Detainment of Shia minority, especially after the 1996 bombing of a US military facility in Saudi Arabia. Shia are arrested under the smallest suspicion.
a. Detainment of individuals suspected of practicing sorcery or witchcraft.
3. Detention of the Media
http://www.state.gov/g/drl/rls/hrrpt/2000/nea/817.htm
Loading...