(1) A person shall not be arrested, imprisoned or otherwise physically restrained except in accordance with procedure prescribed by law. (2) Save as otherwise provided by law, a person shall not be arrested except under a warrant issued by a judicial officer causing such person to be apprehended and brought before a competent court in accordance with procedure prescribed by law.
The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or group of persons, investigate an allegation of the infringement or imminent infringement of a fundamental right of such person or groups of persons.
HRC Act, supra, § 14. Section 15(2) also provides for resolution through mediation or conciliation where appropriate. HRC Act, supra, § 15(2).
(3) At or about the time of arrest or if it is not possible in the circumstances, immediately thereafter as circumstances permit: (i) the person making the arrest or detention shall identify himself to the person arrested or any relative or friend of such person upon inquiry being made, by name and rank; (ii) every person arrested or detained shall be informed of the reason for the arrest; (iii) the person making the arrest or detention shall issue, to . . . any . . . close relation . . . a document in such form as specified by the Secretary to the Ministry of the Minister in charge of the subject of Defence, acknowledging the fact of arrest. The name and rank of the arresting officer, the time and date of arrest and the place at which the person will be detained shall also be specified. It shall be the duty of the holder of such document to return the same to, or produce the same before, the appropriate authority when the person so arrest or detained is released from custody.
can be tried by either military or civil courts. In case of a summary trial before a military court, the punishment is of a disciplinary nature, such as reduction in rank, withholding of promotions or delay in promotions. In case of a court martial, the punishment can be imprisonment or discharge from service. If a prima facie case is established before a civil court, the officer has to be suspended from service.
Working Group 1999, supra note 122, at 8, ¶29.