Various investigative activities may be carried out during the arrest period, but this all has to be done lawfully and respecting your human rights.
Investigative activities
During the first period of your arrest, when the police collect all evidence in your case and prepare a file for a pre-trial judge decision on your detention on remand, the police or other relevant authorities are allowed to carry out investigative activities. For example, they may interrogate you or collect samples such as DNA for testing. This period can last a maximum of 48 hours long (or 96 hours in case of terrorism or 24 hours if arrested based on the confinement order of a judge),
During the second period or your arrest, when the pre-trial judge is actually deciding request for detention on remand and you (now with official of an accused) are waiting to appear before an investigative judge for your detention on remand proceedings, the police does not carry out any investigative activities where your presence or presence of your attorney at law is required. You may be interrogated directly by a pre-trial judge about circumstances that may be useful for deciding whether to detain you on remand. This period can last a maximum of 48 hours (or 72 hours in case of serious crimes). However, this does not mean that the police must not investigate your case during that period.
Body searches
Body searches are sometimes necessary after your arrest and are, therefore, allowed by law. It may be carried out if there is a reasonable suspicion that someone is carrying an item important for the criminal proceedings. A detainee and a person who has been arrested may be subjected to a body search, even if there is a suspicion that he or she is carrying a weapon or other object that could endanger the life or health of the person. A police officer may carry out a personal search only if it cannot be postponed. Otherwise, a police officer must have the consent of the prosecutor or pre-trial judge.
However, if you are searched, this must be done by a person of the same gender as you. Body searches must not be carried out for the sole purpose of humiliating you.
Investigation & Forceful methods
It is very important to know that the police must not treat you in an inhumane or degrading way, or torture you during these investigative activities. For example, it means that they must not beat you or threaten to beat you to get your confession. But the police may force you to comply with your duties under the law. For example, you must allow an expert to collect samples such as DNA or blood samples for testing. If you do not cooperate, the police may obtain these samples forcefully. But, it is important to know that they must not use more force than necessary to obtain these samples.
What human rights violation may there be?
Prohibition of inhumane or degrading treatment
Mistreatment during the investigation may violate the prohibition on inhumane or degrading treatment, or torture. However, every time you feel humiliated does not necessarily mean that you are being treated in an inhumane or degrading manner. You may feel humiliated simply from being arrested and thus feeling helpless and vulnerable.
The mistreatment has to reach at least a minimum level of severity to result in a human rights violation. When assessing whether you have been treated in an inhumane or degrading way, such criteria as the duration of the mistreatment, the physical and psychological effects, your age, gender and the condition of your health would be taken into account. For mistreatment to be considered torture, the actions have to be particularly serious and cruel and cause very severe suffering. Read more about how to evaluate whether your rights have been violated.
Right to life
If the police use excessive, unnecessary force, which results in the loss of life of the arrestee, it may result in a violation of the right to life. Read more about how to evaluate whether right to life has been violated.