B 6 - 2019-20 - Endeligt svar på spørgsmål 2: Spm. om de retningslinjer, der gælder for MINUSMA's håndtering af fanger, tilsyn i fængsler m.m., og hvordan de danske soldater skal agere, såfremt de observerer ureglementeret behandling af fanger, til udenrigsministeren og forsvarsministeren

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UNCLASSIFIED

United Nations

Multidimensional Integrated Stabilization

Mission in Mali

Ref. [2015/4/Amd.3]

MINUSMA

Standard Operating Procedure

MINUSMA DETENTION

PROCEDURES

Approved by:

Effective date:

Contact:

Review date:

Saleh Mahamat Khatir Annadif, SRSG

1 June 2018

Legal Affairs Office

31 May 2019

B 6 - 2019-20 - Endeligt svar på spørgsmål 2: Spm. om de retningslinjer, der gælder for MINUSMA's håndtering af fanger, tilsyn i fængsler m.m., og hvordan de danske soldater skal agere, såfremt de observerer ureglementeret behandling af fanger, til udenrigsministeren og forsvarsministeren

UNCLASSIFIED

STANDARD OPERATING PROCEDURE ON

MINUSMA DETENTION PROCEDURE

Contents:

A. Purpose

B. Scope

C. Rationale

D. Procedures

E. Roles and Responsibilities

F. Terms and definitions

G. References

H. Monitoring and compliance

Contact

History

ANNEXURES

Statement of Detention

Statement on Release or Handover

Detained Person Details

Key Stages of the Implementation of the Detention Procedure

Contact list

Aide-memoire for troops on the ground (to be printed in pocket size)

A. PURPOSE

1. This document is based on the DPKO/DFS Interim Standard Operating Procedures on

Detention in United Nations Peace Operations (ISOP

Detention),

which sets out the

procedures for the handling, questioning, search, transfer, handover and/or release of

persons detained by United Nations personnel in United Nations peace operations.

This MINUSMA document captures the essential principles and procedural elements

of the

ISOP Detention

and adapts them to MINUSMA’s operational structure. The

provisions of the

ISOP Detention

must nevertheless be known and applied within the

Mission’s capabilities in its areas of

responsibility (i.e. given the situation on the

ground).

B. SCOPE

2. This SOP applies to:

2.1. All Mission components authorized to detain third parties: the Force and UNPOL

;

2.2. Members of the Regional Coordination Teams assisting the Mission components

which detain third parties: UNPOL, Human Rights and Protection Division

(HRPD), including Child Protection, and Force focal detention points;

UNDSS personnel is authorized to use non-deadl

for e to detai a d/or pre e t the es ape of a

person who constitutes a threat to order and security and/or

ho has o

itted a serious ri e

(Source: United Nations DSS Manual of Instruction on Use of Force Equipment

–

Annex A).

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

2.3. UNDSS personnel, who in the absence of UNDSS provisions outlining specific

procedures for the detention, treatment and handover of detainees by its

personnel in peace operations apply this SOP;

2.4. The SRSG as decision-maker regarding the extension of detention periods and

the release or transfer of detained third parties to Malian authorities.

3. This SOP sets out the procedure to be followed in case an individual is arrested and

detained by the

Mission’s Military Component. In case an individual is arrested by

UNPOL, the procedures apply

mutatis mutandis

and shall consequently be adapted

accordingly and as needed.

4. This document does not preclude the afore-mentioned Components to develop follow-

on instructions, operational orders or other guidance, so long as they are in line with

the DPKO/DFS

ISOP Detention

and this SOP, allowing for a more comprehensive

operationalization of MINUSMA detention procedures at the appropriate decision-

making and other levels.

C. RATIONALE

5. This SOP captures the essential principles and procedural elements of the ISOP

Detention and adapts them to MINUSMA’s operational structure.

Its aim is to ensure

that the handling and treatment of individuals detained by MINUSMA are consistent

with applicable international human rights, humanitarian and refugee law, norms and

standards. The deprivation of liberty in these situations, which fall outside established

national criminal law processes, gives rise to significant practical challenges for the

Mission. If mishandled, such detentions present a major risk to the Mission’s credibility

and legitimacy. In addition, documenting the circumstances of the arrest is essential to

allow Malian authorities to open and pursue their legal investigations and proceedings.

D. PROCEDURES

6. General Principles on Detention

6.1

Any person unilaterally restricted by MINUSMA, against their will, in their freedom

of movement, shall be deemed "detained", regardless of the duration of said detention.

6.2

Detention is a form of use of force, and is thus only permitted in circumstances

where the

use of force is authorized by (a) MINUSMA’s mandate; (b) the Force’s ROE;

(c)

UNPOL’s Directives on the Use of Force (DUF);

or (d)

UNDSS’

Manual of

Instruction on Use of Force Equipment.

6.3

Any person detained by MINUSMA must be either: (a) released by MINUSMA; or

(b) handed over to national authorities if the person is of interest, according to

MINUSMA, to national authorities (i.e. where there is a reason to believe they may

have committed an offence or crime under Malian legislation). The release by

MINUSMA of a detainee or its handover to the relevant Malian authorities requires the

authorization of the SRSG in consultation with the Senior Legal Adviser, and must be

undertaken as soon as possible.

6.4

The basic principles and rules of international human rights, humanitarian and

refugee law are applicable in relation to all persons detained by MINUSMA, particularly

with respect to the prohibition of discrimination of any and all forms (including based

on sex, race, religion, political views, origin, etc.).

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

6.5

Detention shall not exceed 48 hours, except in cases of handover, where detention

may be extended for an additional 24 hours to facilitate transfer. In such cases,

authorization of the SRSG, in consultation with the Senior Legal Adviser, is required

(see § 7, 73 of the ISOP Detention).

6.6

MINUSMA may only handover detainees (including foreigners and refugees) to the

relevant Malian authorities, i.e.

Police Nationale

and

Gendarmerie.

Please also see

special measures for minors (see § 52-55 of the ISOP Detention).

6.7

A person apprehended, who is the subject of an arrest warrant issued by the

International Criminal Court (ICC) shall not be released, but shall be handed over to

the Government of Mali (Rule 5.1, Annex A ROE).

6.8

MINUSMA Senior Legal Advisor is the Focal Point for all detentions carried out by

MINUSMA. Military Units shall, via the Force chain of command, immediately inform

the Military Operation Centre (MOC). MOC shall immediately transmit the information

to the Joint Operations Centre (JOC). JOC shall be responsible for immediately

notifying the Senior Legal Adviser as Detention Focal Point, the relevant Regional

Coordination Team, as well as the Force Legal Adviser, Force Provost Marshal and

Human Rights and Protection Division, of all instances of detention and of all measures

taken with respect to persons detained by the relevant MINUSMA component. In the

case of children, the Senior Child Protection Adviser (CPA) and/or relevant mission

child protection personnel shall be kept informed of all stages of the apprehension

and/or detention.

6.9

The International Committee of the Red Cross (ICRC) must be notified of all

instances of detention carried out by MINUSMA as soon as possible after

apprehension, release, transfer to another MINUSMA Unit or handover to national

authorities. The ICRC may be present at the handover of detainees to national

authorities. Its presence in such instances should be ensured, wherever possible.

(JOC: Consider the list of ICRC coordinators by area of apprehension/detention in

Appendix E).

Generally, all concerned sections/units must at all times grant the ICRC and the Human

Rights and Protection Division unconditional access to any and all persons detained

by MINUSMA, including with respect to requests for confidential interviews of

detainees. In the case of children, the CPA and/or relevant mission child protection

personnel shall be provided full and unimpeded access to the child throughout the

duration of his or her stay at the holding facilities.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

7. Checklist of steps to take on the arrest of an individual

When?

§ ISOP

What?

Relevant

Document(s)

Who?

(Deadlines

start from

apprehension)

Done

Y/N

SEARCH AND SEIZURE OF ITEMS

43-47

Inform detainee orally of reasons for detention

Explain to the detainee that a search is being

conducted for safety reasons

Search must be carried out by two persons of

the same sex as the detainee if this is

operationally feasible

Seize, tag, take photographs of, and record all

items in detainee’s possession in Detained

Persons Property Register (Annex

C, Part III)

Where required and with the authorization of

the Unit commander, destroy any dangerous

item(s) (i.e. explosives ...) after photographing

or filming such item(s) and record a detailed

description in the Detained Persons Property

C, Part III)

Conduct a summary site survey in order to

preserve any evidence present at the place of

apprehension (i.e. items, situational overviews)

Any items seized from the detainee that were

not destroyed shall be returned to the detainee

upon his/her release, or handed over to the

authorities during handover of detainee

ADMISSION

On-scene

Commander

Upon

apprehension

48-51

Annex C,

Part III

On-scene

Commander

Upon

apprehension

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

When?

§ ISOP

What?

Relevant

Document(s)

Who?

(Deadlines

start from

apprehension)

Done

Y/N

Immediately inform the Military Operations

Centre (MOC) and the Joint Operations Centre

(JOC) of the detention (name, date, gender,

minor (under 18), place, any other relevant

information)

Unit Commander to call the relevant Regional

Coordination Team

JOC to inform the Senior Legal Adviser as

Detention Focal Point, the relevant Regional

Coordination Team (to ensure

the Unit

Commander was able to reach them directly),

Force Legal Adviser, Force Provost Marshal,

Human Rights and Protection Division, and

relevant ICRC Coordinator

Draft report on the circumstances of the arrest,

reasons for arrest, any evidence found, any

statements taken from witnesses and any other

relevant information for transmission to

MOC/JOC

Senior Legal Adviser (Detention Focal Point)

will inform the SRSG through the COS

Unit

Commander /

JOC

Immediately

Senior Legal

Adviser

As soon as

possible

Annex A

Inform detainee orally and in writing, by

presenting copy of

Annex A,

of reasons for

detention and detainee’s rights in a language

s/he understands

Complete Statement of Detention (Annex

Update Register of Detained Persons

(identification of detainee; reasons for

detention; date, time and place of

apprehension; release/transfer/handover of

detainees to authorities; escape; illness; death;

…)

Complete

Annex C (Parts I, II and III)

and send

by all necessary means ( to MOC

MOC to send

Annexes A and C, Parts I, II and

III

to JOC.

- JOC to send above forms to the Senior Legal

Adviser as Detention Focal Point, Regional

Coordination Team, Force Legal Adviser, Force

Provost Marshal, and Human Rights and

Protection Division

Annex A

Detained

Persons

Unit

Commander

(assisted by

Regional

Coordination

Team)

As soon as

possible

following

apprehension,

when MINUSMA

determines

person has to be

detained

Annexes

I to VII

Annex A

Annex C,

Parts I, II and

III

Unit

Commander

(assisted by

Regional

Coordination

Team)/

MOC / JOC

Immediately

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

When?

§ ISOP

What?

Relevant

Document(s)

Who?

(Deadlines

start from

apprehension)

Done

Y/N

JOC to inform ICRC of detainee’s identity,

reason for detention, time and place of

apprehension, place and date of detention, if

any minors (under 18) are involved, etc.

- Detaining Unit to provide ICRC unrestricted

access to detainees, including confidential

interviews

JOC to

designated

ICRC

representative

in area of

operation as

per table 1/

Unit

Commander

Immediately

HANDLING OF DETAINEE

Separate women from men

Where possible, separate detainee if there is any

objective reason to believe detainee’s safety may be

jeopardized or detainee may jeopardize safety of

others (i.e., religious or clan affiliation, sexual

orientation ...)

Unit

Commander

Upon

detention

Unit commander

Upon

detention

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Conduct medical examination with detainee’s

consent as soon as possible upon detention :

If a medical exam is carried out, fill out medical

report in

Annex C, Part VII

Attach detainee’s medical report (to the extent

possible, in a language s/he understands and in

English or French), including details regarding

examination and treatment provided) to

Annex

C, Part II.

Medical examination is mandatory

–

even if the

detainee does not consent

–

in the following

circumstances

•

Upon use of force against detainee

After allegations of abuse or mistreatment

Upon injury or where detainee feels unwell

If necessary to determine presence of

physical or mental illness

and Part VII

(if

applicable)

Annex C,

Part II

UN medical

personnel

Within 24

hours

33-40

•

Pregnant women, ill persons, injured persons

and children shall be specially monitored

Respect the

information

confidentiality

medical

- If refusal of medical examination, record in

Annex C

except in cases governed by para. 34

of the ISOP (persons unwilling/unable to give

consent because of incapacity can be examined

to save life, alleviate pain or prevent long term

injury and examination of children may only be

conducted with consent of child and in presence

of parent/guardian unless deemed medically

necessary by UN medical personnel)

Use of force consistent with ROE and DUF

Use restraints (handcuffs) only where necessary

Unit

Commander

Unit

Commander

26-29

18, 19

Discrimination (based on sex, sexual orientation,

religion, political views, origins, etc.), torture, cruel,

inhuman or degrading treatment are prohibited

and all Unit

members /

Regional

Coordination

Team

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

20-25,

Provide access to drinking water at all times

Provide healthy meals three times per day and

consistent with detainee’s religious practices,

where possible

Detain in a secure detention-designated location

Allow or provide clean clothing suited to climate

Allow proper hygiene

Allow for fresh air at least once per day and allow

physical exercise

SERIOUS ILLNESS OR DEATH

In event of suspected serious illness or death,

immediately notify:

•

UN Medical personnel

MOC

Unit

Commander /

MOC/

JOC

Unit

Commander

63-66

MOC will transmit the information to JOC

JOC will notify (orally and in writing) the Senior

Legal Adviser (Detention Focal Point), Regional

Coordination Team, Force Legal Adviser, Force

Provost Marshal, Human Rights and Protection

Division and ICRC

Immediately

NOTIFICATION OF DETENTION AND VISITS

16, 17

56-57

Where possible, inform contact person designated

by detainee

Allow oral and written communications between

detainee and family and other representatives

If a foreign citizen, allow contact with embassy or

diplomatic or consular representative

If detainee is a refugee or displaced person under

the protection of an international organization (i.e.

IOM, UNHCR), allow oral or written communication

with relevant international organization, and provide

contact information

Allow reasonable number of visits by family

members and other designated representatives,

where security and operational requirements so

permit

DETENTION OF MINORS

Unit

Commander

As soon as

possible

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Detention of minors (under 18) only as measure

of last resort and for the shortest period of time

Separate minors from adults except family members

and unless against their interests to do so

Notify parent or other adult relative or guardian

MOC to inform JOC

JOC will notify the Senior Legal Adviser (Detention

Focal Point), Regional Coordination Team, HRPD,

MINUSMA Child Protection Section and ICRC

Child Protection Adviser and/or other relevant

Mission child protection personnel to be provided full

and unimpeded access to the minor throughout the

duration of stay at the holding facilities.

Minors should not be interrogated in order to obtain

military information.

Only handover to National Child and Family

Protection Directorate (DNPEF) in

Bamako, or Gao,

whichever is the closest to the location of the arrest,

in presence of Child Protection Section and, where

possible, UNICEF and ICRC. For other locations,

liaise with Child Protection Section.

Prior to handover, ensure SRSG has obtained

written assurances that authorities shall not recruit

minor as a combatant

Questioning

Unit

Commander

/ MOC/

JOC

52-55

Immediately

Record questioning in writing, including:

• Detainee’s identity, address

41-42

• Questions and answers

• Refusal to answer questions

• Name, title, and index numbers of attending Mission

members

Duration of detention

Unit

Commander

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

0 - 48 hrs:

Unit

Commander

48 hrs max

48 - 72 hrs:

SRSG

through

Senior Legal

Adviser

+ 24 hrs (i.e.

Max 72 hrs)

Except in case of unforeseen circumstances (arrest

in remote areas, climate hazards and air transport

difficulties), detention shall not exceed 48 hours prior

to release or hand over to national authorities

Detention period may be extended by 24 hours,

following the SRSG’s formal authorization

notified to

national authorities, and in accordance with

applicable national standards relating to detention

74-75

Detention for more than 72 hours is only permissible

upon Government’s written request

and with

SRSG’s

authorization

(where MINUSMA’s mandate

permits)

SRSG

through

Senior Legal

Adviser

Within 72 hrs

RELEASE OF DETAINEE

Decision to release if detention is no longer warranted

(no release if detainee is the subject of an ICC arrest

warrant) to be communicated by available means to On-

scene Unit Commander and Regional Coordination

Team and confirmed in writing by SLA.

Senior

Legal

Adviser after

consultation

with SRSG

Unit

Commander

(assisted by

Regional

Coordination

Team)

Unit

Commander

Within 48 hrs

Annex B

Read and provide detainee with copy of Statement on

Release (Annex

Annex B

Upon release

Inform MOC of release

Immediately

Inform JOC of release

MOC

Immediately

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Complete

Annex C, Part IV

and send, with a copy

Annex B,

to MOC

MOC to transmit forms to JOC

JOC to notify and transmit forms to Senior Legal

Adviser (Detention Focal Point), Regional

Coordination Team, Force Legal Adviser, Force

Provost Marshal, Human Rights and Protection

Division, and, Child Protection Adviser where minors

are involved

Annex B

77, 78

Annex

Annex C,

Part IV

Unit

Commander

(assisted by

Regional

Coordination

Team)/

MOC/ JOC

Immediately

upon release

JOC to notify ICRC of the release

JOC

Unit

Commander

(assisted by

Regional

Coordination

Team

Leader)

As soon as

possible

Annex III

Update Detained Persons Register and Detained

Persons Property Register

Detained

Persons

Property

As soon as

possible

TRANSFER TO ANOTHER MINUSMA UNIT

appropriate

time (as

determined

based on

operational

requirements)

Immediately

67, 69

Where required (based on operational requirements),

transfer detainee to another Unit Commander, along with

non-confiscated property.

Unit

Commander

Inform MOC

Inform JOC

JOC to notify Senior Legal Adviser (Detention Focal

Point), Regional Coordination Team, Force Provost

Marshal, Force Legal Adviser, Human Rights and

Protection Division and ICRC of the transfer

Unit

Commander

MOC

JOC

As soon as

possible

Annex V

Complete Transfer of Detained Person Form

(Annex

C, Part V)

and give a copy to the Unit that

takes custody of the detainee.

Annex C,

Part V

Unit

Commander

(assisted by

Regional

Coordination

Team)

Upon transfer

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Provide a copy of the completed form to MOC and

JOC

Annex C,

JOC to send form to the Senior Legal Adviser

Part V

(Detention Focal Point), Regional Coordination

Team, Force Provost Marshal, Force Legal Adviser

and Human Rights and Protection Division, and to

notify accordingly the ICRC of the transfer.

HANDOVER OF THE DETAINEE TO NATIONAL AUTHORITIES

Unit

Commander

/ MOC /

JOC

As soon as

possible

•

Decision to hand over the detainee to national

authorities

SRSG

through

Senior Legal

Adviser

As soon as

possible

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

The detainee must be handed over to the BIS

(Brigade

d’Investigation Spécialisée

within

the Pôle

Judiciaire Spécialisé)

in Bamako in case of

suspected elements of terrorists groups

as soon

as possible.

after consultation and clearance

from the Senior Legal adviser

(Detention Focal

Point)

For non-terrorist related incidents or in case of

border line cases for which no undisputable

probationary elements have been identified, the

detainee must be handed over to the local

Police

Nationale

Gendarmerie Nationale

after

consultation and clearance from the Senior

Legal Adviser

Unit Commander can seek advice from UNPOL

regarding the appropriate contacts within BIS or

local

Police Nationale

Gendarmerie Nationale

for

hand-over of the detainee.

For a

minor,

see instructions in the Section above

(Detention of Minors) and below.

Minors must not

be handed over to the (local) law enforcement

authorities.

Prior to handover, detainee to be given opportunity

to inform the Senior Legal Adviser of any fear of

being subjected to torture or other ill-

treatment/persecution if handed over to national

authorities.

In such a case, immediately notify the Senior Legal

Adviser, who will undertake risk assessment in

consultation with Human Rights and Protection

Division, Justice & Corrections Section, SRSG and

Force Commander.

If there are strong indications s/he will be

tortured or subjected to other ill-treatment or

persecution:

either (a) SRSG or the OiC Head of

Mission

authorizes

handover

along

with

implementation

mitigating

measures

recommended by the Senior Legal Adviser including

human rights monitoring of detention conditions and

treatment; or (b) SRSG authorizes detainee’s

release.

In instances where an arrest warrant (national

and/or International) exists, the authorities must

give a copy to the MINUSMA representative

when the suspect is handed over by MINUSMA.

Unit

Commander

Senior

Legal

Adviser

Within 48 hrs

Within 72 hrs

with Senior

Legal Adviser

and SRSG

authorization

80, 83

52, 55,

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Unit

Commander

Inform detainee of handover

Immediately

Annex B

Read and provide detainee with copy of Statement of

Handover (Annex

Annex B

Unit

Commander

(assisted by

Regional

Coordination

Team)

At time of

hand over

Ensure Police Component and ICRC presence upon

handover, wherever possible;

In the event of handover of a

minor (under 18 years),

prior consultation with the Senior Legal Adviser

(Detention Focal Point), Regional Coordination Team,

Human Rights and Protection Division and Child

Protection Section. See also the instructions above.

Upon handover of minors to

DNPEF in Bamako or Gao,

ensure presence of Child Protection Section, UNICEF

and ICRC, where possible

Unit

Commander

/ Regional

Coordination

Team

Leader

At time of

hand over

Notify Senior Legal Adviser (Detention Focal Point) of

any refusal of authorities to receive detainee

Unit

Commander

/ Regional

Coordination

Team

Leader

Immediately

Indicate to the relevant authorities and

designated by detainee:

• Detainee’s identity

• Date, time and place of detention

• Reasons for detention

person

Unit

Commander

At time of

handover or

shortly

thereafter

• Place of

handover to authorities and identity of relevant

representative of the authorities

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Unit

Commander

(assisted by

the Senior

Legal

Adviser and

Regional

Coordination

Team)

Provide authorities with evidence and other items

gathered from the place of detention

At time of

handover

Annex

Transfer detainee’s belongings to authorities, who shall

confirm receipt (by signature) by completing

Confirmation of Receipt (N.B. to be signed by

Government representative) (Annex

C, Part VI)

Annex C,

Part VI

Unit

Commander

(assisted by

Regional

Coordination

Team)

At time of

handover

Annex

Complete Handover of Detained Person Form

(Annex

C, Part VI)

and submit a copy, together with

signed Confirmation of Receipt, to MOC and JOC

JOC to send a copy to Senior Legal Adviser

(Detention Focal Point), Force Legal Adviser, Force

Provost Marshal and Human Rights and Protection

Division

Annex C,

Part VI

Unit

Commander

(assisted by

Regional

Coordination

Team)

/ JOC

Unit

Commander

(assisted

Senior Legal

Adviser as

need be)

Immediately

after the

handover

56, 57

In the event of handover,

detainee must not be handed

over to a foreign embassy or other entity which is

not a part of the Government of Mali

(in particular, not

to Opération Barkhane, nor ICRC, nor IOM,nor UNHCR,

nor embassies, nor other states or third parties)

88, 91

Annex III

Update Detained Persons Register and Detained

Persons Property Register

Detained

Persons

Property

Unit

Commander

(assisted by

Regional

Coordination

Team)

As soon as

possible

COMPLAINTS

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Unit

Commander

Annex E

of ISOP

Detainee is entitled to make oral or written

complaints as to conditions of detention

Record all complaints

Complaints Register

Detained

Persons

Complaints

(assisted by

Regional

Coordination

Team)

Immediately notify MOC and JOC of complaints

JOC to notify Senior Legal Adviser (Detention Focal

Point), Force Legal Adviser, Force Provost Marshal

and Human Rights and Protection Division

Unit Commander to investigate complaints other

than allegations of misconduct

Detainee to be informed of the outcome (in a

language s/he understands)

UPDATING RECORDS

Detained

Persons

Property

Complaints

Unit

Commander

/ MOC /

JOC

Unit

Commander

Immediately

13, 50,

70-72

Annexes

I to VII

Update registers after every step in the detention

procedure:

• Detained Persons Register; with all relevant annexes,

and medical report if detainee received medical care

• Detained Persons Property Register

• Detained Persons Complaints Register

Unit

Commander

(assisted by

Regional

Coordination

Team)

PHOTOGRAPHY AND DISCLOSURE

Unit

Commander

(assisted by

Regional

Coordination

Team)

58-59

Photographing of detainee and archiving of information

on detainee is for the sole purpose of identification and

recording of any injuries sustained by detainee

Unless upon handover to national authorities (see ISOP

para. 86) or communication of information to ICRC (see

ISOP paras 12, 63-66,

95), SRSG’s prior authorization is

required for disclosure of any information relating to a

detainee to any person or entity, including his/her state

of nationality

SRSG

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

All

MINUSMA

personnel,

including

Military

Component

60-62

Disclosure to third parties of any information relating to a

detainee without prior authorization is strictly prohibited,

and punishable by disciplinary action (serious

misconduct)

E. ROLES AND RESPONSIBILITIES

8. The

Unit Commander

of the Component arresting and detaining an individual shall be

responsible for the proper treatment of the individual and for carrying out the

procedures set out in this SOP from the moment of the arrest until the hand-over of the

individual to the Malian authorities, or until their release. In the exceptional

circumstance where the Component arresting the individual cannot carry out the full

procedure, a detainee may be transferred to another United Nations unit. This unit will

then become responsible for the proper treatment of the individual and for carrying out

the procedures set out in this SOP until the hand-over of the individual to the Malian

authorities, or until their release.

9. The

Regional Coordination Team

shall provide assistance to the Component

arresting and detaining an individual on the procedures set out in this SOP and

including on logistical or operational aspects as need be, where requested to do so by

the relevant Component.

10. The

Senior Legal adviser (Detention Focal Point)

shall provide assistance on all

substantive aspects of the procedure set out in this SOP to the Regional Coordination

Team and/or the Component arresting and detaining an individuals. He/she shall also

advise the SRSG on any decision to extend the duration of detention periods and on

the decision as to whether to hand over the detained individual(s) to the Malian

authorities or to release them.

11.

JOC/MOC and the RJOC/G3

in each Regional Office/Sector will be responsible for

disseminating all information received from the Component arresting and detaining an

individual to the relevant stakeholders, as set out in the table (see para. 6).

12. The

Chief of Staff

shall be responsible for monitoring and ensuring compliance of this

SOP.

13. The

SRSG,

or in their absence, the OiC Head of Mission, is responsible for deciding

(a) on any extension of the detention period; and (b) the release or transfer of detained

individuals to the relevant Malian authorities

F. TERMS AND DEFINITIONS

For the purpose of this SOP, the following terms and definitions shall apply:

Child:

A person who is under the age of 18. Where there is doubt as to whether

the detained person is a child he/she should be treated as a child.

Commanding Officer:

A member of the Mission who is vested with the authority

to direct, coordinate and control United Nations military or police personnel.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Detention:

The temporary deprivation of liberty of a person by United Nations

personnel in a United Nations peace operation. Detention commences when a

person is deprived of his/her liberty and ends upon release or handover.

Detained Persons Register:

A register, in physical or electronic format with

numbered pages which

records a detained person’s: identity; the reason for the

detention; the place, day and hour the person was detained; the contact details of

the detained person’

relative (if provided by the detained person or otherwise

known); and subsequent release, transfer or handover.

Detained Persons Property Register:

A register, in physical or electronic format

with numbered pages which records the property in possession of the detained

person at the time of detention and at the time of release, transfer or handover.

Detained Persons Complaints Register:

A register in physical or electronic

format with numbered pages which records all complaints and how the complaints

were addressed.

Handover:

The act of passing a detained person from the effective control of

United Nations personnel to national authorities.

Transfer:

The act of passing a detained person from the effective control of one

Commanding Officer to another Commanding Officer.

United Nations peace operation:

A peace operation established by a decision of

the United Nations Security Council or General Assembly, managed by the

Department of Peacekeeping Operations and operating under United Nations

command and control.

United Nations personnel:

All members of the United Nations peace operation,

including military members of national contingents; other United Nations military

personnel such as military observers and military liaison officers; United Nations

police personnel, including members of formed police units; and civilian staff

members and United Nations Volunteers.

G. REFERENCES

Normative or superior references

a.DPKO/DFS

Interim Standard Operating Procedures on Detention in United Nations

Peace Operations

(Ref. 2010.6)

b.Secretary-General’s

Bulletin on “Observance by United Nations Forces of

International Humanitarian Law”, dated 6 August 1999 (reference:

ST/SGB/1999/13)

c. MINUSMA Rules of Engagement (ROE), March 2017

d.Directive on the Use Force (DUF), March 2014

e.MINUSMA Status of Forces Agreement (SOFA), 1 July 2013

f. United Nations DSS Manual of Instruction on Use of Force Equipment

Related procedures or guidelines

a. MINUSMA Aviation Section, Standard Operating procedure- Part 2 Air Operation

Unit

–

section 7.3.7.7

b. Draft MINUSMA SOP on Transportation of Non-UN Prisoners by reference

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX A

STATEMENT OF DETENTION

This statement shall be provided to and signed

by every detained person as

soon as possible after the detained person has been detained by United Nations

personnel

You have been detained by United Nations personnel for the following reason(s):

….………..………………………on

basis:………………………………

You have the following rights:

a. To obtain information as to the reason(s) and factual basis for detention;

b. To designate a family member and/or other representative to be notified of

the detention;

c. To make a complaint regarding conditions of detention or treatment;

d. To make a claim for compensation in relation to bodily injury or damage to

property arising from measures taken during detention; and

e. To receive an inventory of items taken from the detained person and have

those items returned under certain conditions.

If you are under 18 years of age, pregnant or a nursing mother, or unwell or injured,

please notify the United Nations personnel who have detained you.

You may be examined by a medical professional.

examination is to:

The purpose of the medical

the

following

factual

Determine your immediate physical and mental health care needs;

Determine if you are suffering from any infectious diseases;

Document any injuries, medical condition and illness;

Inform the United Nations and any other appropriate authorities of any

medical care or supervision you may require; and

Ensure the continuity of your medical care while you are held in

detention by United Nations personnel.

If you do not agree to a medical examination, you should notify United Nations

personnel.

You may be photographed and have information recorded about you for the following

purposes:

Identification; and

Recording any injuries.

This statement shall be translated into a language the detained person understands, and when given to the detained

person should, where reasonably practicable, be read aloud to the detained person, using an interpreter where

necessary.

A thumbprint may be used instead of a signature in certain cases, for example, where the detained person is unable

to sign their name.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Signature of MINUSMA member:

Date:

____________________

Signature of detainee:

Date:

____________________

* Indicate detainee’s refusal to sign, where applicable

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX B

STATEMENT ON RELEASE OR HANDOVER

This statement shall be provided to and signed by any detained person

released or handed over by United Nations personnel.

You were detained by United Nations personnel at [location] from [date/time] to

[date/time]. You are no longer detained by the United Nations.

You have the right to make a complaint to the United Nations concerning your

treatment or the conditions of your detention by United Nations personnel.

You have the right to claim compensation for any bodily injury or property damage

from the United Nations which is attributable to any wrongful action on the part of

United Nations personnel and is related to your detention. Any such claim must

fulfil the requirements of United Nations General Assembly resolution 52/247 and,

therefore, must be submitted within six months of the time at which you became

aware of the cause of the injury or damage, and in any event no later than one year

following the termination of the mandate of the peacekeeping mission whose

personnel detained you.

Should you wish to make a complaint or seek compensation you are to contact:

Detention Focal Point MINUSMA: Mr. Thierry Kaiser (Senior Legal Adviser),

MINUSMA HQ Bamako, [email protected], Tel: 94 95 01 55

Signature of MINUSMA member:

Date:

____________________

Signature of detainee:

Date:

____________________

This statement shall be translated into a language the detained person understands, and when given to the detained

person should, where reasonably practicable, be read aloud to the detained person.

A thumbprint may be used instead of a signature in certain cases, for example, where the detained person is unable

to sign their name.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

* Indicate detainee’s refusal to sign, where applicable

ANNEX C

COMPLETE IN ENGLISH OR FRENCH

I. DETAINED PERSON DETAILS

INCLUDE OR ATTACH PICTURE UPON APPREHENSION AND BEGINNING OF

DETENTION

NAME:

HAIR COLOUR:

EYE COLOUR

(First name, middle name, family name, alias)

MOTHER’S NAME:

FATHER’S NAME:

ADDRESS:

HEIGHT:

DISTINGUISHING MARKS:

DATE OF BIRTH:

NATIONALITY:

LANGUAGES SPOKEN:

NATIONAL IDENTIFICATION CARD DETAILS (or other ID

–

ATTACH COPY):

PHYSICAL CONDITION:

Healthy

Wounded

Sick

INITIAL CAUTION GIVEN:

yes

ETHNICITY:

BUILD:

AGE:

SEX:

[ ] M [ ] F

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Make sure detainee:

- knows the reason for detention (line 12)

- knows he/she can be released or handed over

Signature of MINUSMA member:

Date:

Signature of detainee:

Date:

____________________

* Indicate detainee’s refusal to sign, where applicable

A thumbprint may be used instead of a signature in certain cases, for example, where the detained person is unable

to sign their name.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

II. DETENTION DETAILS

DATE:

TIME:

LOCATION:

APPREHENDING AND DETAINING UNIT:

ID DETAILS AND CONTACT DETAILS (TEL., EMAIL) OF UN PERSONNEL AND

ANY OTHER PERSONS INVOLVED IN THE DETENTION, INCLUDING ON SITE

COMMANDER:

REASONS FOR DETENTION: (eg. suspicion of…)

FACTUAL BASIS FOR DETENTION (provide all details include or attach sketch

where required)

PHYSICAL/MENTAL CONDITION OF THE DETAINED PERSON AT THE TIME OF

APPREHENSION AND FIRST DETENTION (ATTACH MEDICAL REPORT)

DID YOU TAKE A STATEMENT FROM THE DETAINEE OR DID HE MAKE A

STATEMENT?

(IF YES ATTACH COPY OF STATEMENT)

Signature of MINUSMA member:

Date:

____________________

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX C

III. INVENTORY OF ITEMS SEIZED FROM THE DETAINED PERSON

ATTACH or INSERT PICTURE OF ALL ITEMS

LIST ALL ITEMS SEIZED BELOW

No.

Description

SIGNATURE OF DETAINED PERSON:

* Indicate detained person’s refusal to sign, where applicable

SIGNATURE AND NAME, RANK, ID NO, OF MINUSMA OFFICER:

A thumbprint may be used instead of a signature in certain cases, for example, where the detained person is unable

to sign their name.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX C

IV. RELEASE OF DETAINED PERSON

(Only in case person is released)

INCLUDE OR ATTACH PICTURE UPON RELEASE

DATE:

TIME:

LOCATION:

REASON FOR RELEASE

PROPERTY RETURNED TO THE DETAINED PERSON

PROPERTY RETAINED AND REASON FOR RETENTION (EACH ITEM OF

PROPERTY)

LOCATION OF PROPERTY RETAINED

ID DETAILS AND SIGNATURE WHERE POSSIBLE OF UN PERSONNEL AND

ANY OTHER PERSONS WHO WITNESSED THE RELEASE:

Signature of detainee:

Date:

____________________

* Indicate detainee’s refusal to sign, where applicable

A thumbprint may be used instead of a signature in certain cases, for example, where the detained person is unable

to sign their name.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX C

V. TRANSFER OF DETAINED PERSON

(In case of transfer from one MINUSMA entity to another MINUSMA entity)

INCLUDE OR ATTACH PICTURE UPON TRANSFER

DATE:

TIME:

LOCATION:

REASON FOR TRANSFER:

PROPERTY TRANSFERRED WITH THE DETAINED PERSON:

ID DETAILS OF UN PERSONNEL WHO TRANSFERRED AND RECEIVED THE

DETAINED PERSON:

NAME:

UN ID NUMBER:

UNIT:

SIGNATURE OF UN PERSONNEL (ADD DETAILS):

Signature of detainee:

Date:

____________________

* Indicate detainee’s refusal to sign, where applicable

A thumbprint may be used instead of a signature in certain cases, for example, where the detained person is unable

to sign their name.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX C

VI. HANDOVER OF DETAINED PERSON

(In case of handover to national authorities, i.e. Gendarmerie)

NO HANDOVER ENTITIES OTHER THAN GOVERNMENT OF MALI

INCLUDE OR ATTACH PICTURE UPON HANDOVER

DATE:

TIME:

LOCATION:

REASON FOR HANDOVER:

LIST AND DESCRIPTION OF PROPERTY HANDED OVER WITH THE DETAINED

PERSON (ATTACH PICTURE OF ITEMS)

ID DETAILS OF UN PERSONNEL AND ANY OTHER PERSONS INVOLVED IN

THE HANDOVER

DETAILS OF NATIONAL AUTHORITY WHO RECEIVED THE DETAINED

PERSON

NAMES

NATIONAL ID NUMBER AND DETAILS

SIGNATURE OF MINUSMA MEMBER HANDING DETAINEE OVER

SIGNATURE OF WITNESS (ADD DETAILS)

SIGNATURE OF GOVERNMENT REPRESENTATIVE (ADD NAME, TITLE,

ENTITY):

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Confirmation of receipt

I, the undersigned, _______________________________ (name of Government

representative), confirm receipt of the below listed items in relation to the detainee,

___________________________ (name of detainee), who was handed over by

MINUSMA

the

Government

Mali

__________________ (date) at ________________ (place of handover):

•

______________________________ ;

______________________________ .

Place : ______________

Date : ______________

Signature : ________________

Name : ____________________

Title : ____________________

Institution : _______________

Tel : _____________________

Email : _________________

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX C

VII. CONDITION OF DETAINED PERSON

ATTACH MEDICAL EXAMINATION REPORT

AND PHOTOGRAPHS WHERE POSSIBLE

WAS THE DETAINED PERSON INJURED DURING DETENTION?

NO [ ]

YES [ ]

IF YES, PLEASE DESCRIBE INJURIES:

DID THE DETAINED PERSON RECEIVE MEDICAL ATTENTION?

[]

YES [ ] NO

ID DETAILS OF THE PERSON WHO PROVIDED MEDICAL EXAMINATION

AND/OR ASSISTANCE (ATTACH MEDICAL REPORT)

NAME:

UN ID NUMBER:

UNIT:

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX D

Key Stages of the Implementation of the Detention Procedure.

The Mission component that conducted the apprehension of one or more

individuals (the "Detained Person(s)") in accordance with the Rules of Engagement

(ROE) or the

Police Component’s Directive on Use of Force (DUF), is responsible

for the implementation of the entire detention procedure—from the apprehension

of individuals to their release or handover to the appropriate Malian authorities

either locally or in Bamako (see para T below). The Mission component in charge

will be assisted by the relevant Regional Coordination Team.

The Regional Coordination Team provides assistance to the Component arresting

and detaining the person, where requested to do so by the Component. The

Regional Coordination Team advises on the procedures to follow, including what

forms to fill out, and can assist with operational issues.

C. The relevant structures of the Force/Police will perform their functions in close

coordination with JOC. The Senior Legal Adviser (Detention Focal Point) can be

consulted for all substantive aspects of the procedure.

D. The UNPOL or Force Unit Commander that apprehended the individual(s) must

immediately inform the Military Operations Centre (MOC) through the regional G3

cell and the Regional Joint Operations Center (RJOC). JOC must immediately

inform the Senior Legal Adviser, the relevant Regional Coordination Team, the

Force Legal Adviser, the Force Provost Marshal and the Human Rights and

Protection Division of the Mission (see page 6 of SOP). JOC will inform as soon as

possible, the ICRC in of the identity of the Detained Person(s), their location, the

reasons and facts behind their detention as well as the date, time and place of their

apprehension (see page 7 of SOP).

E. The Unit Commander concerned must inform the Detained Person(s) of (a) the

reasons for their apprehension (e.g. on suspicion of x); (b) the factual basis for their

detention (e.g. location); and (c) their rights in a language they understand (see

page 6 of SOP).

F. The Unit Commander must fill out the Detention Statement form

(Annex A)

and

the Detained Person(s) signs the form (see page 6 of SOP) and send it to

MOC/JOC.

G. The Unit Commander must draft a report on the circumstances of the arrest,

reasons for arrest, any evidence found, any statements taken from witnesses and

any other relevant information for immediate transmission to MOC/JOC.

The Unit Commander must seize all items in the Detained Person(s)’ possession

and hand them over to the Malian authorities. The Unit Commander must fill out

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Annex C, Part I

–

III.

The Commander must also ensure that a sufficient number

of blank copies of these forms are available.

The Unit Commander must submit by all available means including mobile phone

photographs, if necessary, the completed forms to the MOC/U3. The JOC will

further transmit the to the Senior Legal Adviser, the Regional Coordination Team,

the Force Legal Adviser, the Force Provost Marshal and the Human Rights and

Protection Division (see page 6 of SOP).

J. The Unit Commander concerned must ensure that a medical doctor conducts a

medical examination of the Detained Person(s) with their consent using the form

"Condition of Detained Person" in

Annex C, Part VII.

A medical examination is

mandatory–-even if the detainee does not consent–-in the following circumstances:

(1) where force has been used against detainee; (2) after allegations of abuse or

mistreatment of the detainee; (3) upon injury or where the detainee feels unwell;

(4) if necessary to determine presence of physical or mental illness.

K. The Unit Commander must provide a secure place of detention with appropriate

hygiene, and if possible in this regard, provide the Detained Person(s) with access

to drinking water, food three times a day and clean clothes, access to fresh air and

physical exercise, to the degree possible (see page 8-9 of SOP). The Detained

Person(s) must at all times be treated humanely and with dignity.

L. The Unit Commander should allow oral and written communications between the

Detained Person(s) and family member or representatives to the degree possible

(see page 9 of SOP).

M. Detained Persons may be questioned in accordance with the ROE or the (DUF).

The record of questioning must be in writing and include the Detained Person(s)’

elements of identification (address in particular) as well as the circumstances of

the apprehension and the environment in which it took place (see page 6 and 10

of SOP). Assistance/ cooperation may be sought from via their hierarchy at the

Mission’s HQ in Bamako.

N. The length of detention may not normally exceed 48 hours before the Detained

Persons are released or handed over to national authorities (except in the case of

force majeure linked, for example, to the distance from the place of arrest, weather

conditions or the difficulties of air transport). A detention extension of 24 hours is

possible only if the Detained Person is in transit or if handover to the authorities is

in process. The SRSG in consultation with the Senior Legal Adviser decides on

any extension beyond 48 hours (see page 11 of SOP).

O. If it is not possible for the Unit which performed the arrest to maintain the detention

of the Detained Person(s) before releasing them/handing them over to the Malian

authorities, the Unit should designate another unit to ensure the detention of the

concerned Detained Person(s). The Detained person(s) should be immediately

transferred to it.

The Unit Commander must inform the MOC and the JOC and fill out Annex C, Part

V, with the assistance of the Regional Coordination Team, for transmission by the

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

JOC to the Senior Legal Adviser, the Force Legal Adviser, the Force Provost

Marshal and the Human Rights and Protection Division (see pages 12-13 of SOP).

P. The safety and custody of Detained Person(s) shall be assured by the police or

military unit which apprehended and detained the Detained Person(s), or the Unit

to whom the Detained Person(s) was/were transferred. The Unit Commander shall

ensure the proper implementation of the hand-over procedures and coordinate with

the Malian authorities to this effect.

Q. The SRSG in consultation with the Senior Legal Adviser may decide to release the

Detained Person(s) if there is no evidence to suggest that they committed any acts

which require them to be handed over to the Malian authorities under the ROE or

DUF. The Senior Legal Adviser must immediately inform the JOC of the decision,

who will communicate this to the Unit Commander and Regional Coordination

Team through the MOC/U3.

R. In case of release, the Unit Commander must fill out a copy of the Statement of

Release or Handover

(Annex B and Annex C, Part IV),

with the assistance of the

Regional Coordination Team, and send these documents to the MOC for

transmission by the JOC to the Senior Legal Adviser, the Force Legal Adviser, the

Force Provost Marshal and the Human Rights and Protection Division (see page

11-12 of SOP).

S. The Unit Commander shall consult the Senior Legal Advisor (Detention Focal

Point), prior to handing over the Detained Person(s) to the Malian authorities. The

handover to the appropriate Malian authorities or release of a Detained Person will

be done only with the approval of the SRSG, through the Senior Legal Advisor.

The Detained Person(s) will be handed over as follows:

•

Detained Person(s) suspected of belonging to terrorist organizations, of

having planned terrorist acts or of having committed such acts (flagrant

délit)

are to be handed over to the

Brigade d’Intervention Spécialisée (BIS) du

Pole Judiciaire Spécialisé

Bamako only.

Any Detained Person(s) suspected of being involved in a non-terrorist

incident must be handed over to the closest local Malian law enforcement

authorities (Police Nationale or Gendarmerie Nationale).

Any Detained Person(s) suspected of being a minor (under 18 years) must

be transferred to Bamako or Gao (whichever is closest) for hand-over to the

appropriate Malian authorities. It is prohibited to hand over minors to the

Police Nationale, Gendarmerie Nationale,

the Malian or any other law

enforcement agency.

Minors (under 18) must only be handed over to the National Child and

Family Protection Directorate (DNPEF) in Gao or Bamako, whichever is

the closest.

•

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

T. The Unit performing the handover of the Detained Person(s) can seek advice from

UNPOL regarding the appropriate contacts within

BIS

or local

Police Nationale

Gendarmerie Nationale.

U. In case of handover of the Detained Person(s) in Bamako, the procedures set out

in the SOP should take place at Bamako airport—VIP area, or at the facilities

indicated by the Malian authorities. The Unit in charge of the Detained Person(s)

will handle the handover procedures to the Malian authorities concerned including

the escort of the Detained Person(s) and if necessary, the transport means to the

Malian authorities premises in the case they are not present at designated

area/zones for the receipt of the Detainee(s). The Unit will be assisted by the

Regional Coordination Team.

V. If the Unit Commander and/or the Regional Coordination Team have strong

reasons to believe that the Detained Person(s) will be tortured or subjected to ill-

treatment or persecution, they must immediately notify the Senior Legal Adviser

who will consult the Human Rights and Protection Division, the Justice &

Corrections Section, (see page 14 of SOP) to assess the situation and further

decision by the SRSG.

W. If handed over to Malian authorities, the Unit Commander must inform the Detained

Person(s) of their handover, read and give them the filled out "Statement of

Release or Handover"

(Annex B).

X. The Unit Commander will ensure, to the greatest degree possible, the presence of

the ICRC during the handover.

Annex C, Part VI

(Confirmation of receipt) should

be completed and forwarded to the JOC via the MOC for transmission to the Senior

Legal Adviser, the Force Legal Adviser, the Force Provost Marshal and the Human

Rights and Protection Division (see page 15-16 of SOP).

In the case of an oral or written complaint by a Detained Person on the detention

conditions, the Unit Commander shall complete the "Complaint Register", with the

assistance of the Regional Coordination Team, and immediately inform the MOC,

JOC which will inform the Senior Legal Adviser, the Force Legal Adviser, the Force

Provost Marshal and the Human Rights and Protection Division (see page 17 of

SOP).

The Unit Commander must ensure, with the assistance of the Regional

Coordination Team, that the register of Detained Persons and the register of

property of detainees and, if applicable, the register of complaints by Detained

Persons, be documented and updated after every step of the detention procedure

with all relevant annexes and documents, including medical reports of the file (see

page 17 of SOP).

For details on the procedure and particular cases, please refer to the other detailed

provisions of the Detention SOP or the DPKO/DFS Interim Detention SOP (ISOP),

the references for which are listed in the first column of the Detention SOP.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX E

Contact List

Detention Focal Point

Senior Legal Adviser: Thierry Kaiser

Copy: Carlijn Ruers

94 95 16 42

FHQ

Military Operations Centre (MOC)

–

Officer On Duty

94 95 02 45

94 95 16 46

Joint Operations Centre (JOC)

Force Legal Advisor

94 95 05 81

94 95 00 70

N/A

6176

6081

6736

N/A

MINUSMA-FHQ-

MINUSMA-FHQ-

MINUSMA-

MINUSMA-FHQ-U3-

6026

94 95 01 55

6168

[email protected]

Force Provost Marshal

94 95 15 23

UNPOL

6088

Chief of Operations

Copy: Deputy Chief of Operations

94 95 02 63

94 95 1534

6312

N/A

[email protected]

Human Rights and Protection Division (HRPD)

Chief of Division: Guillaume Ngefa

Copy : Arnaud Royer

94 95 16 80

Child Protection Section

Head of Section : Solange Vasse

Copy: Moussa Camara

94 95 13 35

UNICEF

7228

[email protected]

94 95 02 28

7141

[email protected]

7138

[email protected]

94 95 02 26

6260

[email protected]

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Bamako

Child Protection Specialist: Francis

Zacko

Copy: Adele Rutsobe

75 99 73 30

75 99 62 51

[email protected]

REGIONAL COORDINATION TEAM MEMBERS

Senior Human Rights Officer

Bamako

UNPOL

Deputy Force Legal Advisor

Human Rights Officer

Gao

UNPOL

Force Legal Advisor (SE)

Human Rights Officer

Kidal/

UNPOL

Tessalit

Force Legal Advisor (SN)

Human Rights Officer

Menaka

UNPOL

Force

Human Rights Officer

Mopti

UNPOL

Force

Human Rights Officer

Timbuktu

UNPOL

Force Legal Adviser

94 95 17 76

95 99 95 63

73 21 19 27

94 95 17 68

94 95 16 06

93 63 47 39

60 26 79 50

94 95 05 31

91 20 88 77/ 91 20 88 97/ 83 03

53 02

94 95 17 98

94 95 08 63

94 95 16 80

94 95 15 34 / 90 66 01 25

98 68 91 88

94 95 13 38

77 55 94 31/ 93 63 89 33

94 95 17 86

70 71 80 31 / 83 80 69 53

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UNCLASSIFIED

ICRC

Detention Delegate: Benoit Meystre

75 99 55 28

Bamako

NB: Shall be copied to

all

notifications to ICRC

Protection delegate

Head of Sub-delegation

Gao

Deputy Head of Sub-Delegation

Protection delegate

Head of Sub-delegation

Protection delegate

Kidal

Deputy Head of Sub-Delegation

Protection delegate

Head of Sub-delegation

Protection delegate

Mopti/

Protection delegate

Timbuktu

Deputy Head of Sub-Delegation

Protection delegate

76 99 50 34

75 99 77 63

75 99 72 18

76 99 50 34

75 99 77 63

76 99 51 46

75 99 54 28

tom_tombouktou

@icrc.org

75 99 55 28

75 99 58 89

76 99 50 34

75 99 77 63

75 99 55 22

75 99 72 18

[email protected]

bam_bamako@ic

rc.org;

[email protected]

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

ANNEX F

Aide-memoire for troops on the ground (to be printed in pocket size)

AIDE-MEMOIRE FOR TROOPS ARRESTING A PERSON

A. ARREST

1. Inform the arrested person of reason of arrest. Inform the person that she/he

will be searched. Immediately inform the Unit Commander of arrest. The Unit

Commander shall give instructions in accordance with the SOP on Detention.

2. Search persons. Where possible, women must be searched by female troops to

the extent possible. Where it is not possible, a male contingent member can

search a women as appropriate, specifically if there is a suspicion that the

women may be carrying or hiding an explosive. Search must be carried out by

two persons. While one person is conducting the search on the arrested or

detained person, the other must keep a distance protecting the person

conducting the search.

3. Identify age and gender and take photos of each arrested person. Immediately

inform the Unit Commander if there are any minors (under 18 years). In case

there is a doubt if the person is a minor, he/she shall be presumed to be under

18.

4. Immediately after the arrest, the Unit Commander (or his superior(s)) must

inform Military Operation Center/Joint Operation Center (MOC/JOC) of number

of persons arrested, their gender, age (if there is a minor) and medical condition

and reason for arrest.

5. The Unit Commander must also immediately call/radio the closest Regional

Coordination Team for assistance with carrying out the UN detention procedure:

Bamako:

- Senior Human Rights Officer, tel.no.: 94 95 16 80

- UNPOL, tel. no: 94 95 02 63 / 90 66 01 25 ou 94 95 15 34

- Deputy Force Legal Adviser, tel. no: 98 68 91 88

Gao:

- Human Rights Officer, tel. no: 94 95 13 38

- UNPOL, tel.no: 77 55 94 31/ 93 63 89 33

- Force Legal Adviser Sector East, tel. no: 78095114

Kidal / Tessalit:

- Human Rights Officer, tel. no: 70 71 80 31 / 83 80 69 53

- UNPOL, tel. no: 94950863

- Force Legal Adviser Sector North, tel. no: 96591934

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

Menaka:

- Human Rights Officer, tel. no: 95 99 95 63

- UNPOL, tel. no: 73 21 19 27

- Force, tel. no: 94 95 17 68

Mopti:

- Human Rights Officer tel. no: 94 95 16 06

- UNPOL, tel. no: 93 63 47 39

- Force, tel. no: 60 26 79 50

Timbuktu:

- Human Rights Officer, tel. no: 94 95 05 31

- UNPOL, tel. no: 91 20 88 77/ 91 20 88 97/ 83 03 53 02

- Force Legal Adviser Sector West, tel. no: 82920698

If no one in the relevant Regional Coordination Team can be reached, the Unit

Commander must immediately inform MOC/JOC.

B. DETENTION

6. Separate men, women and minors where possible. Separate arrested persons if

any

perso ’s safet is at risk or if he/she poses a risk to others, i ludi g for

reasons of religious/clan affiliation, or sexual orientation or medical status.

7. Treat the arrested person with respect, humanely and with dignity according to

international standards. Discrimination (based on sex, sexual orientation,

religion, political views, origins, etc.), torture, cruel, inhuman or degrading

treatment are prohibited.

8. Access to drinking water, healthy food and medical care must be provided to the

arrested persons. Allow for proper hygiene.

9. Where possible, inform contact person designated by arrested person. Allow

communication between arrested person and their family/other

representatives. If the arrested person is a foreign citizen, allow communication

with embassy/consulate. If the arrested person is a refugee or displaced person

under the protection of an international organization (i.e. IOM, UNHCR), allow

oral or written communication with relevant international organization, and

provide contact information. Allow reasonable number of visits by family

members and other designated representatives, where security and operational

requirements so permit.

10. Medically qualified staff must conduct a medical examination with the arrested

perso ’s o se t as soon

as possible. See paragraph 17 below: forms to be

completed by medical staff.

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

11. When a detainee dies in detention, the Unit Commander must immediately

inform UN medical personnel, the MOC/JOC and the Regional Coordination

Team where necessary.

C. EVIDENCE

12. Seize, tag and record all items in

the arrested perso ’s

possession. The Unit

a der fills out the for i the SOP o Dete tio alled I e tor of ite s

seized fro the detai ed perso A e C Part III , ith the assista e of the

Regional Coordinator Team as need be.

13. Conduct a site survey at the location of the arrest and preserve any evidence

(i.e. items, situational overviews). The Unit Commander records any items found

in the form in the SOP on Detention called

I e tor of ite s seized

from the

detai ed perso

(Annex C Part III), with the assistance of the Regional

Coordinator Team as need be.

14. Only if authorized by the Unit Commander and where necessary, destroy any

dangerous items (such as explosives). Before destruction, photograph or film the

item(s). The Unit Commander must give a detailed description of the items in

the for i the SOP o Dete tio alled I e tor of ite s seized fro the

detai ed perso A e C, Part III , ith the assista e of the Regio al

Coordinator Team.

D. DOCUMENTATION

15. The Unit Commander fills out the form in the SOP on Detention called

Statement of detention (Annex A) twice, stating the reason for arrest, with the

assistance of the Regional Coordinator Team. Give one copy to the arrested

person.

16. The Unit Commander fills out

the for i the SOP o Dete tio alled

Detained

person details (Annex C Part I), giving details of the arrested person, with the

assistance of the Regional Coordinator Team.

17. The Unit Commander fills out the form in the SOP on Detention called

Detention details (Annex C Part II), with the assistance of the Regional

Coordinator Team, stating the reason for detention and factual basis for

detention.

18. Medically qualified staff must conduct a medical examination with the arrested

perso ’s o se t as soo as possi le. The for

in the SOP on Detention called

Condition of detained person (Annex C Part VII) must be filled out and the

medical report must be attached.

19. As soon as possible after they have been filled out, the Unit Commander must

send, by all necessary means (including mobile phone photographs),all forms to

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES

UNCLASSIFIED

MOC/JOC, with the photos taken of the arrested persons for appropriate

dissemination at HQ level. The Unit Commander must immediately inform the

Regional Coordinator Team that the forms have been sent.

E. TRANSFER

20. As an exception only: if the Unit which made the arrest is not able to detain the

arrested person(s) until hand over to the Malian authorities, the Unit

Commander can hand over the arrested person(s) to another UN Unit (UNPOL or

Force). The Unit Commander must immediately inform the Regional Coordinator

Team and MOC/JOC of the decision to hand over the arrested person(s).

21. On hand-over to another UN Unit, the Unit Commander must fill out the form in

the SOP o Dete tio alled Tra sfer of detai ed perso A e C Part V ith

the assistance of the Regional Coordinator Team as need be. The Unit

Commander must send this document to MOC/JOC as soon as possible. All

Annexes that have been filled out and all items seized from the arrested

person(s) or on site must be transferred to the receiving UN Unit.

22. The Unit Commander of the arresting UN Unit or receiving UN Unit must not

hand over the arrested person(s) to any international forces (such as the French

forces).

23. The hand-over to the appropriate Malian authorities or release of (an) arrested

person(s) will be done in accordance with the SOP on Detention and

only with

the approval of the SRSG or the OiC Head of Mission through the Senior Legal

Ad isor the Mission’s Detention Focal Point .

The Regional Coordination Team

will assist with the hand-over/release procedure:

a. Any arrested person(s) suspected of being involved in a

terrorist

incident

must be transferred to

Bamako

for hand-over to the BIS (.

b. Any arrested person(s) suspected of being involved in a

non-terrorist

incident

must be handed over to the local Malian law enforcement

authorities (Police

Nationale or Gendarmerie Nationale).

c. Any arrested person(s) suspected of being

a minor (under 18 years)

must be transferred to

Bamako or Gao

(whichever is closest) for hand-

over to the appropriate Malian authorities. It is prohibited to hand over

minors to the Police Nationale, Gendarmerie Nationale or any other law

enforcement agency.

24. For issues relating to complaints regarding conditions of detention or

treatment, claims for compensation in relation to bodily injury or damage to

property, or in situations where there are substantial grounds for believing

that there is a real risk that the detained person(s) will be maltreated after

hand-over to the national authorities, please contact the Senior Legal Adviser

ho is the Mission’s Detention Focal Point on

/ DECT

SOP 2015/4/Amd.3 MINUSMA DETENTION PROCEDURES