Accès à un·e juge
Questions for monitors
Are detainees informed in a language they understand of their right to promptly access a judge?
How long after deprivation of liberty are criminal suspects brought before a judge?
What criteria do judges use to decide whether a criminal suspect should be held in pre-trial detention? Are there any indications that pre-trial detention is used excessively?
Do all detainees have the right to challenge the legality of their detention (e.g. habeas corpus or amparo writs)?
When exercising their right to access a judge, are detainees brought to appear before the court in person? Do they have the opportunity to inform the judge of any issues regarding their treatment or conditions in detention?
What action do judges take if there are allegations or indications of ill-treatment in detention (do they record these in writing, order a forensic examination and investigation by competent authorities)?
What other oversight can the judiciary exercise over detention (e.g. can detainees complain to a judge regarding treatment or conditions in detention)? Is this effective?
Are detainees who do not understand or speak the language used by the court provided with a competent interpreter free of charge?
Are children who are arrested brought before a judge within 24 hours to decide the necessity to detain them? Is their detention reviewed regularly (every 2 weeks)?
Are children heard by specialised courts with procedures adapted to avoid harm and ensure the child’s best interests? Do children have the opportunity to speak directly to the court?
Are measures taken if necessary to ensure that persons with mental or learning disabilities can access a judge and have assistance to represent themselves in court?
Are there any indications of discrimination (on any grounds) in ensuring that detainees are brought promptly before a judge?