54. Ghadde 先生在公民投票五天后在家中被捕，并声称他最初于 2017 年 8 月10 日至 16 日被单独监禁。政府对逮捕没有异议，但坚称逮捕是按照规定实施的。然而，政府没有提交任何佐证，如逮捕证、逮捕报告或拘留登记簿副本。据该国政府称，Ghadde 先生被告知，对他的起诉最初是诽谤，后来是腐败。政府明确表示，48 小时的警察羁押期限可以延长三次，每次 48 小时。因此，假设政府是对的，关于腐败指控的警察羁押期本应于 2017 年 8 月 26 日结束。然而，政府承认，直到 2017 年 8 月 31 日，Ghadde 先生才被带见法官。此外，连续的警察羁押期似乎是绕过警察羁押限制的一种策略，致使三周后 Ghadde 先生才被带见法官。客观地说，这损害了迅速给予被拘留者机会质疑对其的拘留并详细了解拘留原因的规定。在这种情况下，没有必要在两种说法中作出选择，工作组认为，Ghadde 先生被单独监禁，且在被带见法官前被拘留的时长超出了法律规定，这违反了《公约》第九条第 3 款。
54. Mr. Ghadde was arrested at his home five days after the referendum and claims that he was initially held incommunicado from 10 to 16 August 2017. The Government does not dispute the arrest but maintains that it was carried out in accordance with the rules. The Government did not, however, submit any corroborating evidence, such as an arrest warrant, an arrest report or a copy of the detention register. According to the Government, Mr. Ghadde was informed that proceedings were being brought against him initially for defamation and, later, for corruption. The Government specified that the 48-hour period of police custody could be extended three times for 48 hours each time. Therefore, assuming that the Government is correct, the police custody in relation to the corruption charge should have ended on 26 August 2017. However, the Government acknowledged that it was not until 31 August 2017 that Mr. Ghadde was brought before a judge. Moreover, the successive periods of police custody appear to have been a strategy to bypass the limit on police custody, such that three weeks elapsed before Mr. Ghadde was brought before a judge. Objectively, this undermines the imperative to promptly give a detainee the opportunity to challenge his or her detention and to know in detail the reasons for the detention. Under these circumstances, without it being necessary to choose between the two versions, the Working Group finds that Mr. Ghadde was held in incommunicado detention and for longer than prescribed by law before being brought before a judge, in violation of article 9 (3) of the Covenant.