16 June 2005
JSMP Press Release

Two Suspects Released after Nearly One Year in Detention without Review

The district court continued to conduct hearings on Thursday 9 June 2005. The judge heard two separate habeas corpus applications for the release of the defendants from illegal detention

The first hearing was in relation to the alleged murder of two persons by the defendant in Hatulia on 15 June 2004. Although the defendant’s detention commenced on 15 June 2004 he was only brought before the court for his first 72-hour detention review hearing on 16 June 2005, more than a year after he was detained.

The second hearing concerned a fight which took place between a group of youths in Gleno on 10 June 2004. The police subsequently detained the suspect on 1 September 2004. During the entire period of his detention the court conducted only 1 detention review hearing, on 8 September 2004.

The lawyers were, on behalf of their clients, entitled to submit an application for habeas corpus to the court by virtue of the rules of criminal procedure because there had been no review and extension of either defendant’s detention after the expiry of 30 days. According to rules of criminal procedure, however, a suspect must have their detention reviewed every 30 days. In both cases the judge accepted the defendants’ application and released them from detention on that basis.

According to JSMP’s observations, the judge’s decision was consistent with the Constitution and applicable laws. Consequently, there was no additional extension of detention and there will be no further investigations for the purpose of conducting a trial and for evidence to be heard. In short, the detention violated the right of the suspects to have their detention status reviewed in accordance with the rules of criminal procedure. On that basis these were deemed to be cases for which habeas corpus lies and the suspects were therefore released.

JSMP hopes that in the future detention review hearings take place as and when required by applicable laws in order to ensure that defendants are not illegally detained, particularly for such long periods of time as were observed in these 2 cases. The onus is on the prosecutor to ensure that suspects are brought before the court at the proper time to enable the investigative judge to determine whether or not circumstances still justify the continued detention of the suspect.

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