Core guarantees
Constitutional and procedural safeguards apply during detention. Their concrete operation depends on the status of the person, the facts and the applicable procedure. Key safeguards may include:
- the right to be informed of one’s rights
- immediate access to a lawyer
- the possibility of notifying relatives or close persons
- access to judicial control
- protection from torture and unlawful coercion
What the new Constitution strengthens
Article 18: detention periods are set by law; judicial control, an explanation of the grounds for restricting liberty and of rights, and legal assistance are guaranteed.
A detained person should be informed of procedural rights in the manner provided by law:
- the detained person must be clearly informed of their rights
- the timing and form of information are governed by the applicable procedure
- access to legal assistance follows the applicable legal procedure
Why a lawyer matters
A lawyer can:
- helps protect the detained person from abuse
- explains the right to remain silent or give statements
- ensures procedural guarantees are respected
- helps file complaints against unlawful actions
Why this stage is sensitive
The moment of detention is one of the highest-risk points for rights violations. If safeguards are weak here, fairness later in the process becomes much harder to ensure.
What a person should remember
A detained person should:
- remain silent where the law allows
- request a lawyer
- challenge unlawful treatment
- refuse unlawful pressure