Annex A. Quotes on Transitional Public Security
Public Order
“Public order is a condition characterized by the absence of widespread criminal and
political violence, such as kidnapping, murder, riots, arson, and intimidation against targeted
groups or individuals. Under this condition, such activity is reduced to an acceptable
minimum, perpetrators are pursued, arrested, and detained, and the local populations –
no matter which party to the conflict they may belong to – is able to move freely about the
country without fear of undue violence.
…Establishing public order in war-torn societies requires unique capabilities that do not
belong solely to either the military or the police. Incidents involving political violence and
extremism, for example, may require greater force than the police can employ. Ultimately,
military and police capabilities must be coordinated to fill this gap and share critical intel-
ligence, while overcoming differences in culture, capabilities, legal constraints, and
command and control structures.
…In the emergency phase, the military may have to perform critical law enforcement
functions. These responsibilities, however, should be transitioned as quickly as possible to
an international police force or, if they are reliable, the local security forces. Sound rules of
engagement for the military should define the procedures for investigation, arrest, and
detention. Public order activities by the military include protecting high-value facilities to
prevent looting, run security checkpoints, perform vehicle inspections, regulate public
gatherings, undertake high-risk searches, arrest and detain people who disrupt public order,
and regulate the freedom of movement…”
Source: “Guiding Principles for Stabilization and Reconstruction,” United States Institute of Peace
(USIP) and PKSOI, October 2009, pp. 7-73 through 7-76.
Interim Detention
“Depending on the nature of the mission mandate, detention may be handled early on
by either the mission or host nation government. When capacity is low, which is often the
case, the mission will have to assume responsibility, in which case a strategy for transition-
ing prisoners over to the host nation government must be developed. At all stages of this
process, detainees must be handled in accordance with international standards. The “UN
Standard Minimum Rules for the Treatment of Prisoners” is a good place to start. Some
basic principles include the following:
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All persons deprived of liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.
Everyone charged with a criminal offense shall be presumed innocent until proved guilty.
Pretrial detention shall be the exception rather than the rule.
No detainee shall be subject to torture or to cruel, inhuman, or degrading treatment or
punishment or any form of violence or threats.
Detained persons shall be held only in officially recognized places of detention and
their families and legal representatives are to receive full information.
Decisions about duration and legality of detention are to be made by a judicial or
equivalent authority.
Detainees have the right to be informed of the reason for detention and charges
against them.
Detainees have the right to contact the outside world and to visits from family
members and the right to communicate privately and in person with a legal
representative.
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