Chapter 3.3: Detention, arrest, abduction or kidnapping

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Chapter 3.3: Detention, arrest, abduction or kidnapping

Detention of a defender: medium-term reaction

by Enrique Eguren and Marie Caraj

If a defender is detained, and we do not anticipate being able to secure their release in the short term, medium-term objectives and steps should be intro- duced without losing focus on short-term objectives.

Objectives and steps of a medium-term reaction to a detention.

1 - Retain focus on short-term reaction objectives.

2 - In the case of an arrest, on top of identifying as quickly as possible

who is holding the defender, try and obtain a transfer to legal custody or to a security service over which there is some influence. In this case, try and obtain adequate legal support as quickly as possible (ideally prepared in advance). The risk of ill-treatment and torture may thus be reduced.

3 - If the defender continues to be detained, try and attend to their personal needs -safety, food, healthcare, contact with their family and the organisation, etc. from the beginning of and throughout the process (this must also be planned ahead – see below: measures aimed at the family and relatives).

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