ANNUAL REPORT 2004 c. HMG should ensure provision for compulsory consultation and adequate home leave to all those security officers who have been involved in violent clashes and encounters so as to maintain a normal state of their mind. 3. No one will be subjected to any kind of arbitrary arrest or detentions.The means to discontinue unwarranted or arbitrary arrests and disappearances should be adopted. 4. The person arrested should be given the information with the reasons for his/her arrest as soon as possible. No one should be arrested during the time of night except otherwise provided by the law enforced.The information regarding the detainee’s transfer and location of prison should be provided to the detainee’s family members, legal representative and to all those apposite and suitable people who should have that information. Each and every prison should have a register which should include the information of all its detainees, their respective dates of detention and release and their transfer if any. 5. The right to fair trial and hearing will be honored and protected. The detainee will have the access to talk with his/her family, legal representative and any other person as provided by the law enforced. He/she also has the right to be present at the court for the hearing of his/ her trial.The person also has the right defend his/her case or choose his/her legal representative. 6. Inmates will be put in their cells in accordance to their formal recognitions. According to these formal recognitions, they will be given sufficient food, clean drinking water, suitable place to stay and clothing, healthcare and sanitation facilities and security while in custody. 9. The detainees shall be given reliable evidence and guarantee of their dignity and rights while being released from the prison. 10. The habeas corpus given by the court as an effective legal remedy shall be honored. The information regarding the state of the detainee, his/her right to medical checkups and the right to have the knowledge about the officials under whose command he/she had been arrested and who had arrested him/her should be guaranteed. Any violation against these rights shall be punished as per the enforced law. In order to execute the above mentioned point no. 3, 4, 5, 6, 9, 10; HMG should immediately take the following steps: An immediate and an effective action should be taken by legal, administrative, judiciary or other means in order to stop and end the cases of disappearances defying which proves that HMG does not acknowledges the cases of disappearances. In this regard, it is very important that the following steps be taken: 1. Arrests: a. The person who is being arrested should be informed about the reasons for his/her arrest at the time of arrest. b. It should be ensured that the information about the accusations to the arrested person will be given immediately. c. Arrests should only be made if a capable officer gives a written order for making such arrests legally. 89