People should not lose sight of the fact those conditions of detainees under a state of emergency appear to be better in word than conditions of detainees under normal times. Hence something needs to be done to remedy the situation.
Foroyaa would like the reader to compare the following constitutional provisions on detention during a state of emergency with current cases of detention under normal times. Section 36 Subsection (1)(a)(b) and (c)
Where a person is detained by virtue of or under any Act of the National Assembly referred to in section 35, the following provisions shall apply-
(a) he or she shall, as soon as reasonably practicable, and in any case not later than twenty four hours after the commencement of the detention, be furnished with a statement in writing specifying in detail the grounds upon which he or she is detained; and the statement shall be read, and, if necessary, interpreted, to the person who is detained in a language which he or she understand
(b) the spouse, parent, child or other available next-of-kin of the person detained shall be informed by the authority effecting the detention and shall be permitted access to the person concerned at the earliest practicable opportunity, and in any case not later than twenty-four hours after the commencement of the detention;
(c) where none of the persons mentioned in paragraph (b) can be traced or none of them is wiling and able to see the person detained, the person
who is detained shall be informed of this fact within twenty-four hours of the commencement of the detention and he or she shall be informed of his or her right to name and give particulars of some other person who shall have the same right of access to the person who is detained as any of the persons mentioned in paragraph (b);
In our view, the condition of detention in normal times should be more humane than detention under a state of emergency.