Core guarantees
A person’s rights must begin operating immediately upon detention. The main guarantees 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
One of the major procedural changes is the reduction of detention without court authorization from 72 hours to 48 hours.
This is important because it reduces the amount of time a person may remain under state control without judicial review.
The Constitution also strengthens what is described as the Miranda Rule:
- the detained person must be clearly informed of their rights
- that information must be given immediately
- legal assistance must be available from the earliest stage
Why a lawyer matters
A lawyer:
- 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 may:
- remain silent where the law allows
- request a lawyer
- challenge unlawful treatment
- refuse unlawful pressure