Guinea: Wanted notices and arrest warrants, including the authorities who issue them, their appearance, format, content and the reasons why they are issued (2011-June 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Wanted Notices

1.1 Authorities Who Issue Them

In correspondence with the Research Directorate, a lawyer practising in Conakry stated that wanted notices could be issued by either the prosecutor or the investigative judge (Lawyer in Conakry 21 July 2016).

For his part, in correspondence with the Research Directorate, the President of the Guinean Young Lawyers' Association (Association des jeunes avocats de Guinée) explained that, [translation] "[i]n practice," wanted notices are issued by judicial police officers, but that investigative judges can also issue them within the framework of the proceedings before them (President 22 July 2016).

In correspondence with the Research Directorate, a lawyer practising in Kaloum explained that, based on the code of civil procedure and on his interviews [translation] "with the judiciary and the police," the authorities who can issue a wanted notice are the investigative judge, the public prosecutor and [translation] "[t]he police" (Lawyer in Kaloum 28 July 2016).

These same sources specified that the authorities responsible for issuing wanted notices have not changed since 2011 (ibid.; Lawyer in Conakry 21 July 2016; President 22 July 2016).

1.2 Reasons Why They Are Issued

The President of the Guinean Young Lawyers' Association stated, without providing additional details, that a wanted notice could be issued for alleged perpetrators of criminal offences (President 22 July 2016). Without providing additional details, the lawyer in Conakry stated that wanted notices were used to [translation] "back arrest warrants" (Lawyer in Conakry 26 July 2016). According to the same source, they are issued "only when the wanted person is the subject of an arrest warrant issued by the investigative judge" (ibid. 21 July 2016).

Furthermore, according the same source, [translation] "wanted notices are … very rarely used in Guinea" (ibid. 26 July 2016).

Further information on the use of wanted notices in Guinea could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.3 Appearence and Content

According to the sources consulted, the format of wanted notices has not changed since 2011 (Lawyer in Conakry 21 July 2016; President 22 July 2016).

However, without providing additional details, the President of the Guinean Young Lawyers' Association stated that the content of wanted notices [translation] "could differ from one department to another" (ibid.).

Two examples of wanted notices, with and without a warrant, which the lawyer in Conakry provided the Research Directorate, are attached to this Response (attachments 1 and 2).

2. Arrest Warrants

2.1 Authorities Who Issue Them

The following is stated with respect to the issuance of an arrest warrant in the Code of Criminal Procedure of Guinea (Code de procédure pénale de la Guinée):

[translation]

Article 125: - The investigative judge may, depending on the case, issue a summons to appear, a bench warrant, a warrant for detention or an arrest warrant. These warrants shall be enforceable throughout the territory of the Republic.

…

Article 130: -

…

The bench or arrest warrant is served and executed by a judicial police officer or by a law enforcement officer, who must show it to the accused and provide them with a copy.

If the individual is already in custody for another reason, the warden of the penitentiary shall notify them and provide them with a copy.

In cases of emergency, bench and arrest warrants may be issued by any means.

In such cases, the essential provisions of the original, especially the identity of the person charged, the nature of the charge, and the name and position of the issuing judge must be specified. The original warrant shall be given to the officer responsible for executing it as quickly as possible. (Guinea 1998)

Section 6 of the Code of Criminal Procedure, which covers warrants and their execution, is attached to this Response (attachment 3).

The lawyer in Kaloum noted that the Code of Criminal Procedure also sets out that the president of the indictment chamber (under article 206) and the criminal court (under article 458) may issue arrest warrants (Lawyer in Kaloum 28 July 2016). Articles 206 and 458 of the Code of Criminal Procedure read as follows:

[translation]

Article 206: - The indictment chamber may, in all cases, at the request of the public prosecutor, one of the parties or ex officio, order any additional information it deems appropriate, and notably issue any warrant.

Article 458: - Under article 457, paragraph 1, if the offense constitutes a common law crime, and if the sentence is at least six months' imprisonment, the court may, by special reasoned decision, issue a warrant for detention or an arrest warrant for the defendant. (Guinea 1998)

Without providing additional details, the lawyer in Conakry stated that arrest warrants are issued only by investigative judges (Lawyer in Conakry 21 July 2016). For his part, the President of the Guinean Young Lawyers' Association indicated that they are issued by prosecutors, investigative judges and [translation] "the judge[s] before whom the hearing is held" (President 22 July 2016).

Some sources specified that there has been no change in the authorities who issue them since 2011 (ibid.; Lawyer in Conakry 21 July 2016; Lawyer in Kaloum 28 July 2016).

2.2 Reasons Why They Are Issued

The Code of Criminal Procedure of Guinea states the following:

[translation]

Article 129: - The arrest warrant is the order given to law enforcement authorities to search, arrest and bring the accused to the jail indicated on the warrant, where the accused will be remanded and detained.

…

Article 136: - If the accused has fled or resides outside the territory of the Republic, the investigative judge, after consulting the public prosecutor, may issue an arrest warrant for them if the offence includes a correctional sentence of imprisonment or a more severe sentence.

The justice of the peace holding the powers of the public prosecutor not on the bench of the court, is not required to consult the public prosecutor to issue such a warrant. (Guinea 1998)

The lawyer in Conakry noted that an arrest warrant is issued [translation] "only for persons charged with an offence" (Lawyer in Conakry 21 July 2016). According to the President of the Guinean Young Lawyers' Association, an arrest warrant is issued when [translation] "a defendant or an accused … fails to appear or cannot be found" (22 July 2016).

The US Department of State's Country Reports on Human Rights Practices for 2015 indicates that "[a]though the law requires arrest warrants, police arrested many persons without warrants" (US 13 Apr. 2016, 8).

2.3 Appearance and Content

The Code of Criminal Procedure of Guinea states the following with respect to the content of arrest warrants:

Article 130: - All warrants specify the identity of the accused; they are dated and signed by the magistrates who issue them and bear their seal.

…

The arrest warrant contains a description of the offence for which it has been issued and the applicable legislative articles. (Guinea 1998)

Some sources also reported that, in their opinion, the format of arrest warrants has not changed since 2011 (Lawyer in Conakry 21 July 2016; Lawyer in Kaloum 28 July 2016).

An example of an arrested warrant, with which the Research Directorate was provided by the Lawyer in Conakry, is attached to this Response (attachment 4).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Guinea. 1998. Loi n°037 du 31 décembre 1998 portant code de procédure pénale. [Accessed 22 July 2016]

Lawyer in Conakry. 26 July 2016. Telephone interview.

_____. 21 July 2016. Correspondence with the Research Directorate.

Lawyer in Kaloum. 28 July 2016. Correspondence with the Research Directorate.

President of the Association des jeunes avocats de Guinée. 22 July 2016. Correspondence with the Research Directorate.

United States (US). 13 April 2016. Department of State. "Guinea." Country Reports on Human Rights Practices for 2015. [Accessed 22 July 2016]

Additional Sources Consulted

Oral sources: Guinea - Embassy of Guinea in Ottawa; Lawyers in Conakry.

Internet sites, including: Amnesty International; ecoi.net; Factiva; Freedom House; Human Rights Watch; UN - Refworld.

Attachments

1. Guinea. N.d. Example of a wanted notice. Sent to the Research Directorate by a lawyer in Conakry, 21 July 2016.

2. Guinea. N.d. Example of a wanted notice without a warrant. Sent to the Research Directorate by a lawyer in Conakry, 21 July 2016.

3. Guinea. 1998. "Section 6. Des mandats et de leur exécution." Loi n°037 du 31 décembre 1998 portant code de procédure pénale. [Accessed 22 July 2016]

4. Guinea. N.d. Example of an arrest warrant. Sent to the Research Directorate by a lawyer in Conakry, 21 July 2016.