Skip to main content

Detaining Military Personnel for over 72 hours in constitutional as long as its reviewed and extended by competent authorities


It is obvious from other countries with the same legal system as our nation and much more advanced democracies all have in their armed forces acts that 72 hours extension of detention for soldiers accused of serious offences can be extended without the need for a full charge sheet due to the circumstances of armed forces discipline as well as hardship of convening a court martial in three days for pretrial detention hearing. 

Under the British Armed Forces Act, 2006, section 101, the commanding officer can apply to a judge advocate to extend the detention for up to 96 hours after the expiry of the 48 hours. This is the same situation under the US Military Codes of Conducts, even a commanding officer can review the pre-trial detention for extension of up to 30 days if necessary. 

Therefore when the minister of informations, Mr. Demba Jawo said that there are procedures for extension, human rights lawyers shouted that it was beyond the 72 hours and not extensible unless charged and refused bail by a court of competent authorities and the western media Daily Mail of UK picked it up and ran with it without checking what happens in UK or the US. 

Add new comment

Plain text

  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.