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Detainment and Arrest

Comparison Chart Detainment/Arrest

Detainment

Arrest

Definition

A means of restricting a person's liberty to move freely for a short period of time; cannot be used for the purpose of deterrence, intimidation, or punishment.

A unique means of restricting freedom of movement and cannot be used as punishment.

Authorized to Perform

Soldier or police officer

Soldier or police officer

Purpose

  • Suspicion of an offense
  • Witness who saw the offense being committed
  • Conducting a search

Under the Order regarding Security Provisions, any soldier or police officer is authorized to arrest a person who has violated or is about to violate any of the provisions of this order, such as throwing stones, assaulting a soldier or police officer, and interfering with military activity.

Location

Where the detainee is found, or where the investigation of the witness/suspect will be conducted.

Police station or detention facility

Length of Time

The shortest time required and no longer than three hours.

An officer with the rank of lieutenant colonel or above may extend the remand by three additional hours.

As above mentioned, the initial arrest periods vary depending on the type of the offence and the age of the suspect.

Rights

  • Knowing the reason for the detainment
  • Being situated in a place with reasonable conditions
  • It is prohibited to handcuff the detainee or to cover the detainee's eyes.
  • Knowing the reason for the arrest
  • If the arrestee requires medical treatment, it is the obligation of the soldier/police officer to ensure the arrestee receives it without any delay
  • The arrestee has the right to notify a relative or a lawyer about the arrest and its location, without delay
  • The arrestee must be allowed to meet with an attorney without delay, other than in exceptional cases. The meeting should be held in private and under conditions that ensure its confidentiality

Obligations of the Soldier/Police Officer

  • To identify themselves
  • To inform the detainee that he or she is being detained
  • If the detainment extends to more than three hours, and if the detainee has been brought before an investigating officer, the soldier/police officer is required to release the detainee.
  • To identify themselves
  • To inform the arrestee that he or she is being arrested
  • To bring the arrestee to a police station or detention center as soon as possible