Is Proxy Detention Legal in Somaliland?

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COVID-19 is in Somaliland. It spreads very easily between people. This puts people in police stations and prisons at high risk of getting the coronavirus because they are held close together.

What if I have a family member who has been arrested for someone else’s crime? This is called proxy detention and is when an innocent person, knowing that he is not guilty, is arrested so the suspect will turn themselves in to the police.

Is proxy detention legal? No. The Constitution prohibits the arrest of persons who are not suspected of committing a crime, even a suspect’s family.

So you can’t be arrested for someone else’s crime? No! A person can only be arrested if they are caught committing a crime or if the police have an arrest warrant from a judge.

What can I do if a family member is arrested on proxy detention? Bail might be a way you can get them released and help protect them from COVID-19.

How do I request bail for a family member who is arrested? You have to ask a judge – only a judge can grant bail. Ask the judge what you need to do to release them on bail.

What will the judge ask me to do? They will most likely ask that you bring a “surety” to court. This is an elder or parent who promises the court that they will make sure the suspected person comes to court for their trial. The surety usually has to live in the same town as the suspected person and the court.

Have questions? Call our free legal assistance numbers: 063 6282434/ 6282435/ 6282436/ 6282437/ 6282438/ 6282439

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