Enforcing Your Fundamental Rights After an Unlawful Arrest

Detention beyond the constitutionally permitted period without a court order is unlawful, and the remedy is available on an expedited basis.

In the first hours, record everything: time and place of arrest, names and unit of the officers, the station, and any property seized. Ask for the offence alleged and insist that a lawyer be contacted.

Do not sign a statement you have not read, and do not sign one written for you.

Counsel can immediately apply for enforcement of fundamental rights, seeking release, a declaration that the detention was unlawful, and damages. Administrative bail should be pursued in parallel.

Where the detention forms part of a pattern, the claim can also seek orders restraining further harassment. Speed matters — the earlier counsel is briefed, the shorter the detention.