42 Human Rights Situation in Police Lock-up Cells F. Right to Challenge Lawfulness of Detention and Access to Free Legal Assistance A detained person or his counsel shall be entitled at any time to take proceedings according to domestic law before a judicial or other authority to challenge the lawfulness of his detention in order to obtain his release without delay, if it is unlawful. 201 The study received information that certain persons arrested without warrant is detained beyond the reglementary period in police lock-up cells. Some lasted for days, months and even years. 202 Some detainees also claimed that they were not represented by a counsel during custodial investigation or inquest proceedings. In SPD, for example, a detainee claimed that he was detained with no information filed yet against him since his arrest in 2012. If the allegation of the detainee is to be believed, it is either that he was not given a counsel or that the one given to him failed to provide the necessary legal services. G. Right to be brought promptly before judicial authorities It is the right of every person arrested, especially those apprehended without a warrant, to be brought to judicial authorities within the prescribed time as required in relevant domestic laws and international standards. 203 In fact, authorities can be held accountable for failure to do so and be meted the corresponding criminal 204 and administrative sanctions. In two (2) cases, PDL claimed that they were not delivered to the proper judicial authorities within the prescribed period. 205 According to the police officers and detainees interviewed, the underlying reasons are delay in the resolution of cases at the prosecutor’s level and delay in the court’s issuance of a commitment or release order. Two contrasting practices are worth citing at this juncture. In QCPD, particularly at the Talipapa PS, the concerned police officer will only release a detainee if the inquest prosecutor’s Resolution for RFFI (resolved for further investigation) is signed by the chief inquest prosecutor. QCPD requires that the recommendation, with release order, of the inquest prosecutor must first be approved by the chief inquest prosecutor before the detainee can be released. 201 Principle 32, Body of Principles. SPD-Taguig City Police Station – one detainee has been in said temporary facility for more than 2 years without commitment despite requests made by the jailers with the judicial authority. 203 Principle 32 (1) “A detained person or his counsel shall be entitled at any time to take proceedings according to domestic law before a judicial or other authority to challenge the lawfulness of his detention in order to obtain his release without delay, if it is unlawful. (2) The proceedings referred to in paragraph 1 of the present principle shall be simple and expeditious and at no cost for detained persons without adequate means. The detaining authority shall produce without unreasonable delay the detained person before the reviewing authority.” 204 Article 125 - Delay in the delivery of detained persons to the proper judicial authorities. 205 1 inmate in QCPD-Police Station 4 was detained beyond 36 hours without being charged (case is for violation of RA 9165); 1 inmate in SPD-District Support Headquarters Group detained beyond 36 hours without being charged (also involving violation of RA 9165). 202