What inspection of arrest and detention places must a military prosecutor carry out, and what must the inspecting prosecutor do during it?
General information · Not legal advice
Material to check
In practice material of this kind, we check the record or duty roster showing the inspection visits, the arrest or detention order naming the place and the investigation agency holding the person, the interrogator's notes on the person questioned, and the investigation papers examined during the visit.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as written: a military prosecutor must, at the frequency the provision sets, inspect the arrest and detention places of subordinate investigation agencies under that prosecutor, in order to investigate whether arrests and detentions are unlawful, and the inspecting prosecutor must both question the arrested or detained person and examine the related documents.
Another reading stresses the reach of the provision: it speaks of places held by 'subordinate investigation agencies', so an inspection reaches only persons held within that chain, and the provision leaves open what makes an agency 'subordinate' at the moment of inspection, for example once the matter has been sent on to another body.
Your judgment
When an investigation has been handed to another agency, how could a file show whether the person remained held at a place the inspecting prosecutor was duty-bound to inspect?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the required frequency or which agencies count as subordinate investigation agencies, or if a decision clarifies how far the inspection duty follows a person held after transfer.