Arrest warrants are required in all cases other than those in which the detainee is taken into custody while committing an offense. The detainee must be brought before a judge within 24 hours to be informed of the reason for the arrest and his rights under the law. Most detainees are released without bail, but an individual may be held in investigative detention if the investigating magistrate has reason to believe the person might flee or that his release would compromise the magistrate's investigation of the case. The initial 2-month period of detention may be renewed if necessary. Those detained have the right to counsel, at public expense if necessary.
Attorneys have access to detainees.
Family members may see the detainee at the discretion of the investigating magistrate. The right of fair, public trial is guaranteed in law and respected in practice. The defendant has the right to be present and the right to counsel, at public expense if necessary. As under French law, a three-judge tribunal considers the evidence amassed by the investigating magistrate and hears the arguments presented by the prosecuting and defense attorneys. The defendant enjoys a presumption of innocence.