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with high-powered weapons, may have had a similar deterrent effect
on women and children.
Right to Liberty and Protection from Arbitrary Arrest or Detention
10.219.
Section 15(1) of the Constitution provided that “no person shall be
deprived of his personal liberty save as may in any of the following cases be
authorised by law”. One of those cases is stated in section 15(1)(f) as follows:
“(f) upon reasonable suspicion of his having committed or
being about to commit a criminal offence.”
10.220.
By virtue of section 15(2), “any person who is arrested or detained
shall be informed as soon as reasonably practicable, in a language which he
understands, of the reasons for his arrest or detention.”
Special Provisions Applicable during a State of Emergency
10.221.
It is important to appreciate that section 15(1) may be derogated
from during a period of public emergency (State of Emergency). Thus, section
15(5) enacts:
“(5) Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention
of this section to the extent that the law in question
authorises the taking during a period of public emergency of
measures that are reasonably justifiable for the purpose of
dealing with the situation that exists during that period of
public emergency.”
10.222.
In addition, Reg.31(1) of the Emergency Powers (No.1) Regulations
2010, authorised the security forces to “arrest without a warrant and detain,
pending enquiries, any person whose behaviour is of such a nature as to give
reasonable grounds for suspecting that he has –
(a)
acted or is acting in a manner prejudicial to the public
safety; or