Who must arrange inspections of places of arrest and detention, what must the inspecting prosecutor do there, and what more must the prosecutor do when there is substantial reason to suspect that a person was arrested or detained without lawful procedure?
General information · Not legal advice
Material to check
In a practice file we read the papers showing that the head of the district prosecution office or the district office directed an inspection of the investigating agency under that office, the inspection record itself, the interrogation notes taken from the arrested or detained person, the related documents the prosecutor examined, and any paper recording that the prosecutor had the person released.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places the duty on the head of the district prosecution office or the district office: to investigate whether any illegal arrest or detention has occurred, that head must have a prosecutor inspect, at the interval the provision sets, the places where suspects are arrested or detained by the investigating agency under that office's jurisdiction, and the inspecting prosecutor must interrogate the arrested or detained person and examine the related documents.
Another reading puts the second duty on the prosecutor: where the prosecutor has a substantial reason to suspect that a person was arrested or detained without lawful procedure, that prosecutor must immediately have the investigating agency release the person, so the provision leaves open what in the interrogation or the documents can supply that substantial reason.
Your judgment
What in the file would show that a given place was inspected as the provision requires, and that a release was secured at once where substantial reason to suspect an unlawful arrest arose?
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 who must direct the inspections, the interval they require, or who must secure the release, or if a court decision explains what counts as a substantial reason to suspect an arrest or detention without lawful procedure.