On September 25, 2020, IMLU conducted a one-day training of Community-Based Organizations (CBOs) leaders in Kondele, Kisumu County, the training is part of a series of activities supported by the German Embassy in Kenya combating torture and ill-treatment in places of custody during COVID-19.
The training which was spearheaded by Carolyne Lisanza centred on psychological support in places of custody. Among the topics that were covered during the CBOs training included; the rights of arrested persons, rights of people deprived of liberty and the Prevention of Torture Act, 2017.
We seek to address the systematic challenges that exist creating a fertile breeding ground for torture in detention facilities by ensuring the duty bearers and right holders both play their key roles in the eradication of the vice.
The deprivation of liberty may be necessary for certain circumstances but that it must not be arbitrary and be done with respect for the rule of law
What You Need to Know:
Rights of arrested persons.
- (1) An arrested person has the right—
(a) to be informed promptly, in language that the person understands, of—
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than—
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;
(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
(2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.