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How Long Can the Government Hold a Terrorism Suspect?

From Amy Zalman, Ph.D.,
Your Guide to Terrorism Issues.
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Terrorism Detention Lengths around the World

Nearly all governments outlaw what is called administrative detention of suspected criminals, but it is just as true that nearly all declare exceptional circumstances when the rules don't apply, among them 'national security.' Each country its own rules for how long a terrorism suspect can legally be detained without charge: from indefinite detention for 'enemy combatants' at the U.S. detention facility Guantanamo Bay, to nearly a year in Uganda, to four days in Spain.

India: 180 days, as of 2004

India's 2001 Prevention of Terrorism Act (POTA) permitted detention up to 180 days without charge. The Act was repealed in 2004.

Italy: 24 hours

"Under a new decree passed in July [2005], suspects can be detained for 24 hours before being brought before a magistrate; the former maximum was 12 hours." (The Independent, 2005)

Malaysia: Indefinitely

Malaysia uses the 1960 Internal Security Act (ISA) to regulate detention and "under the ISA, the government may hold anyone suspected of threatening national security or a number of other vague categories of proscribed activities without charge or trial." (Find more at Human Rights Watch .

Norway: 48 hours, with potential exceptions

"Suspects can be detained for a maximum of 48 hours. Judges can grant further blocks of detention, usually in periods of one week. In theory, suspects can be detained indefinitely, although tough legal hurdles, in effect, limit the ability of authorities to hold individuals for lengthy periods" (The Independent, 2005).

Philippines: 3 days

The Human Security Act of 2007 permits the detention of suspects for up to three days without being charged.

Spain: 3 - 13 days

"A suspect can be held for 72 hours, extendable for two days after arrest before the magistrate decides whether to commence proceedings. Further extensions take the total time suspects can be held to 13 days. Once charged, they can be held for up to two years or, rarely, four years before trial" (The Independent, 2005)

Sweden: 4 days

"Suspects can be held for a maximum of four days without going before a judge, though most cases are dealt with within 24 hours. Once a detention order is made by a judge, it must be renewed every two weeks but, theoretically, there is no limit to the number of times that can be done" (The Independent, 2005).

Uganda: 360 Days

Terrorism suspects can legally be held for 360 days, after they are charged, without bail. This is the same period of time that any criminal suspect whose case could only be heard by Uganda's high court can be held, according to the Constitution.

United States: indefinitely, only if declared an enemy combatant

Terrorism suspects who are not declared enemy combatants (such as all domestic terrorist suspects) are subject to the laws of the state in which they are apprehended, since each state's laws differ.
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