Practice Relating to Rule 99. Deprivation of Liberty
Djibouti’s Manual on International Humanitarian Law (2004) states with regard to “children in the justice system” that “parents or guardians of apprehended minors must be informed of their arrest … [A]rrested or detained minors have the same rights as adults, irrespective of the form of arrest or detention”.
The manual also states: “‘No one shall be subjected to arbitrary arrest or detention.’ The International Covenant on Civil and Political Rights … , the African Charter on Human and Peoples’ Rights … and the national constitution … prohibit arbitrary arrest.”
In 2010, in its initial report to the Committee against Torture, Djibouti stated:
46. Following independence in 1977, Djibouti experienced a difficult period of internal tension, which led to a visible, steady rise in violations of human rights and individual freedoms. This state of affairs reached its height during the civil war between government forces and the armed opposition of the Front pour la restauration de l’unité et de la démocratie [Front for the restoration of unity and democracy] (FRUD).
47. With the signing of [the] peace agreement between the warring parties in 1994 and again in 2001, the human rights situation improved dramatically. …
50. … Efforts [have been taken] to eliminate arbitrary arrests in police stations, military police barracks and army and other camps, through a policy of staff training and awareness raising on human rights.
In 2011, in the History and Geography Textbook for 9th Grade, Djibouti’s Ministry of National Education and Vocational Training, under the heading “[O]ffences related to violations of humanitarian law”, listed “unlawful detention of civilians”.
Djibouti’s Manual on International Humanitarian Law (2004) states: “‘No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.’ (Article 9(1) of the International Covenant of Civil and Political Rights).”
Djibouti’s Manual on International Humanitarian Law (2004) states with regard to “arrested persons”: “At the moment of arrest, give prompt information about the reasons for the arrest [and] inform them without delay of any charges against them”.
The manual further states that “[w]omen [who have been] the victims of crimes or abuse of power … have the right to … be informed of any charges against them and the course of the proceedings against them”.
The manual also states with regard to “children in the justice system” that “minors must be informed of the reasons for their arrest or any charges against him or her”.
Djibouti’s Manual on International Humanitarian Law (2004) states that “[w]omen [who have been] the victims of crimes or abuse of power … have the right to … have rapid access to a judge”.