Justice Sector and the Rule of Law - AfriMAP

aim of the units is to assist victims who have suffered harm requiring special care and attentionto restore their normal being, including cases that require victims to be assisted in private inorder to respect their dignity. 426 Specifically, the units provide victim-friendly services to victimsof crime and violence within a private setting. Community policing, of which victim supportunits are a part, currently operates as a branch of the police service. The Police Bill proposedby the Law Commission gives community policing statutory recognition by providing for theobjectives of community policing, establishing community policing fora and prescribing theirmembership and functions. 427It is too early to assess the effectiveness of the victim support services provided by the policebecause they have been operational for a relatively short time. Official reports of activities indicatethat the units are predominantly involved in preparatory activities such as raising publicawareness, training and planning. 428 Although the unit is largely in its formative stages, it hasprovided support to many victims of crime. Between 2003 and 2005, 1 982 cases were reportedto victim support units across the country. Of these, 38.2 per cent involved domestic violence,13.4 per cent child or spousal neglect, 11.9 per cent ‘defilement’ (sex with a minor) and 8.5 percent rape. 429The legal protections against abuse of process are largely adequate. First, the law provides fora formal process of habeas corpus under section 42 of the Constitution and section 16 of theStatute Law (Miscellaneous Provisions) Act. 430 Every person who is detained has the right to bereleased if such detention is unlawful. 431 Section 42 of the Constitution entitles every person whohas been arrested the right to be released, or brought before a court and informed of the reasonfor his or her further detention within 48 hours of the arrest. Every person also has the right ‘tochallenge the lawfulness of his or her detention in person or through a legal practitioner beforea court of law’. 432 The procedure for enforcing the right to habeas corpus is provided for undersection 16(2) of the Statute Law (Miscellaneous Provisions) Act, which empowers the High Courtto issue a wide range of orders commanding any person or institution to do or desist from doinga specified act.One of the orders which the High Court is empowered to issue is that of habeas corpus, bywhich it orders that a person in custody be brought before it to be released or told the reason for