Country: Congo (de Democratische Republiek)
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What are the legal safeguards for police custody?
Drawing up of an official custody order
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Which authority is competent to place someone in police custody?
“Judicial police officer”
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On what grounds and when can someone be placed in custody?
When required for the investigation
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What is police custody under congolese law?
Detention before judgement when necessary for the investigation
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Which authority is competent to make an administrative arrest?
– District police chiefs – Regional administrators and their assistants – Agents charged with the administration of a territory
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On what grounds and when can someone be arrested (administrative arrest)?
– In the case of national security – Inciting disobedience of the laws – Disorderly conduct or disruption of institutions
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Which authority is competent to make a judicial arrest?
– “Judicial police officer” – “Judicial police agent” – Any individual
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On what ground and when can someone be arrested (judicial arrest)?
After the commission of an offence and in the presence of strong evidence of guilt
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What is a judicial arrest under congolese law?
Liberty deprivation of an individual suspected to have committed an offence in order to bring the accused before a competent judicial authority