You have the right to information about the reasons for your arrest and the charges against you.
Right to information
Human rights demand that when you are being arrested, the police must inform you about the reasons for your arrest and any charges against you. It is a very important safeguard because if you know what you are accused of and why you are held, you have the opportunity to more effectively challenge the basis and need for your arrest. This information has to be given to you or to your lawyer.
What information must be given and when?
The arresting officer has to inform you about the reasons for your arrest and the charges at the very moment of arrest. Usually, in case you have official status of an accused of committing a crime, you will be arrested based on the confinement order issued by a judge. This order must, among others, include:
- your proper identification so there is no confusion who shall be arrested
- description of your conduct that is considered to be a criminal offence
- legal qualification of the criminal offence
- reasons why the confinement order was issued
Although, the Constitution requires information be provided immediately after the arrest, it is sometimes impossible to give you more detailed information about your charges at the moment of arrest. Human rights standards do not require that you are provided with a complete and finalised description of all charges at this stage.
Documentation on Arrest
In case you are arrested under terms of the Code of Criminal Procedure, the police will write an arrest protocol after bringing you to the police station. The protocol must explain why you are being arrested. The police must provide the protocol to a prosecutor. If you are a suspect or an accused, you have to be interrogated when you are arrested. Interrogation must be recorded in a minutes of interrogation. You have the right to read and sign the minutes. Before signing it, you also have the right to supplement the minutes.
If you are arrested under the terms of the Act on Police Force, which can be applied in wither range of cases not only in relation to a suspect or accused person, the police must provide you a decision on arrest.
The reasons for your arrest and the charges have to be explained to you in simple and non-technical language. In addition, if you do not understand the language in which the protocol or decision is written, the police have to explain to you the reasons for your arrest and the charges against you in a language that you do understand.
What human rights violation may there be?
If you are not informed promptly and adequately of the reasons for the arrest and the charges against you, this may result in a violation of the right to liberty and security of a person.