5. To be brought, within a period of no more than twenty-four hours, before the
competent judge, who shall decide whatever is appropriate under the law.
60. In addition, the Organizational Law of the National Police in force at the time
provided that:
Article 6.- The functions, obligations and powers of the National Police shall be to:
[…]
3. Investigate, at a court’s discretion, crimes committed anywhere in the national
territory or in its territorial waters or airspace.
[…]
8. Summon or detain people in accordance with the Law and within the framework
established by the National Constitution. Individuals shall be ordered to appear on
working days and during normal working hours, and shall be received and have their
case dealt with on the stated day and time. Any delay will be considered abuse of
authority.
9. Detain suspects and people caught in the commission of crimes in the manner and
for the time established in the National Constitution and by law, informing them of the
reason for their detention and their rights, bringing them before a competent judge.120
[…]
61. The same legal instrument provided that the disciplinary sanctions for "violations
of the duties provided for in this Law and in the institutional regulations" were "a
warning," "arrest" and "discharge from the police," 121 and that, in case of arrest, police
officers were to be held “on National Police premises” under the supervision of “an officer
of a higher rank” and “in free communication with their families.” 122
62. Additionally, the Disciplinary Regulations of the National Police in force at the time
of the events provided the following:
Article 22.- Arrest consists of the deprivation of liberty of police personnel. It shall be
carried out at the police station where the affected person is assigned or in a place to
be determined, with or without prejudice to the service.
Article 24.- The arrest warrant shall specify:
The length of time the detainee shall remain under arrest;
A clear explanation of the reason for the arrest;
The place where the detainee is to be held;
Whether or not it is to the detriment of the service.
Article 25.- The Duty Officer shall show the notification to the detainee, who shall sign
the document, and record it in the duty log.
Article 51.- In the case of serious offenses, the superior officer on duty may order the
preventive arrest of the offender and process the matter through the Office of Police
Justice.
120
121
122
Cf. Organizational Law of the National Police 222/93 (evidence file, folios 10821 to 10822).
Cf. Organizational Law of the National Police 222/93, arts. 133 and 134 (evidence file, folio 10838).
Cf. Organizational Law of the National Police 222/93, arts. 140 and 141 (evidence file, folio 10839).
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