arrested person receive as much detail about the charges as would be needed
later to prepare for trial. (See Human Rights Committee, General Comment
No. 34 §30, 32, §31).
227. As to the Applicant's allegation that he was arrested at his home on
April 21, 2020 and detained at the Criminal Intelligence and Investigation
Service (SCRIC) premises without being informed of the reasons for his
arrest; that even during his hearing, which began at around 10:00 a.m. on
April 21, 2020, it was at 3:15 p.m. that the investigators notified him of the
charges, the Court notes that the Respondent has not disputed such claims.
228. The Court further notes that no explanation was provided to the
Applicant about the reasons for his detention, that he was notified of the
indictment only after 6 hours, after the start of the hearing of the Applicant
and the Respondent did not provide any reason to justify such delay.
229. The Respondent has only admitted that following the requisitions of the
Federal Attorney, the Central Bureau of Investigations and Criminal
Investigations invited the Applicant to appear on three (3) consecutive
occasions, but the latter did not deign to appear, which constitutes
disobedience to judicial authority; that it was following this refusal that the
Central Bureau of Investigation and Criminal Investigations proceeded to
arrest the Applicant in order to further investigate the facts of aggravated
disturbance of public order, violation of the internal security of the State and
dissemination of false news of which he was accused, in accordance with the
requisitions of the Federal Attorney.
230. As can be seen, the Respondent has neither claimed nor proven that it
notified the Applicant of the facts leading to his detention at the beginning
of his hearing, and the Applicant was heard for more than 6 hours without
knowing the reason for his detention. (See Human Rights Committee,
60