'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Namibia - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 7
ARREST

Procedure after arrest

52. (2) (a) A person who is arrested with or without warrant for allegedly committing an offence, or for any other reason under this Act, must as soon as practicable be brought to a police station or, in the case of an arrest by warrant, to any other place that is expressly mentioned in the warrant.

CHAPTER 7
ARREST

Procedure after arrest

52. (2) (c) Subject to paragraph (d), if an arrested person referred to in paragraph (a) is
not released by reason that -

(i) no charge is to be brought against the arrested person ; or
(ii) bail is not granted to the arrested person under section 62,
the arrested person must be brought before a magistrate’s court as soon as reasonably practicable, but not later than 48 hours after the arrest.

CHAPTER 7
ARREST

Procedure after arrest

52. (2) (d) If the period of 48 hours expires -

(i) outside ordinary court hours or on a day that is not an ordinary court day, the arrested person must be brought before a magistrate’s court not later than the end of the first court day following the expiration of the period of 48 hours ;
(ii) at a time when the arrested person is outside the area of jurisdiction of the magistrate’s court to which he or she is being brought for the purposes of further detention and he or she is at such time in transit from a police station or other place of detention to that court, the period of 48 hours is deemed to expire at the end of the court day next succeeding the day on which the arrested person is brought within the area of jurisdiction of that court ;
(iii) or will expire at, or if the time at which that period expires or is deemed to expire under subparagraph (i) or (ii) is or will be, a time when the arrested person cannot, because of his or her physical illness or other physical condition, be brought before a magistrate’s court, the court before which the arrested person would, but for the illness or other condition, have been brought, may on application by the prosecutor, which, if not made before the expiration of the period of 48 hours, may be made at any time before, or on, the next succeeding court day, and in which the circumstances relating to the illness or other condition are set out, supported by a certificate of a registered medical practitioner, authorize in the absence of the arrested person that the arrested person be detained at a place specified by the court and for such period as the court may consider necessary so that he or she may recuperate and be brought before the court, and that court may, on like application, authorize that the arrested person be further detained at a place specified by the court and for such period as the court may consider necessary.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute