Purpose and scope
To formalize enforceable due process standards governing investigation, detention, charging, adjudication, and appeal within HLN jurisdiction. This Act applies Articles II and VI of the current HLN Charter and ensures uniform procedural fairness across all Directorates.
Title I — Fundamental Rights
Core protections for all individuals subject to enforcement.
Presumption and Notice
Every individual subject to enforcement action is entitled to: presumption of non-liability until formal finding; written notice of allegations within 12 standard hours of detention; identification of enforcing authority; statement of evidence category relied upon. Failure to issue timely notice requires immediate release. Security certification does not waive this requirement.
Right to Representation
Detainees have the right to: licensed legal counsel, accredited civil advocate, or self-representation. If a detainee lacks access to representation, CSC shall provide access to an approved advocate roster within 24 hours.
Access to Evidence
Accused individuals are entitled to: review non-classified evidence used against them; receive summary of classified evidence sufficient to prepare defense; request evidentiary review for authenticity. Withholding of evidence requires written justification logged in tribunal record.
Title II — Detention Standards
Lawful grounds, time limits, and conditions of confinement.
Lawful Grounds for Detention
Detention requires an identified lawful power and recorded, individualised grounds supported by evidence. An immediate threat or a substantiated risk of flight must be assessed against less restrictive alternatives; neither a general emergency nor association with another person is sufficient. Protective transport and evacuation are not detention powers. Release is required when the grounds cease, and every person may promptly challenge detention before an independent tribunal.
Time Limits
Standard Administrative Detention: maximum 72 standard hours without tribunal review. Security-Sensitive Review: up to 7 standard days with Strategic Command certification. Emergency Stabilization Extension: up to 14 standard days with Governing Board notification. Extensions to tribunal-review intervals do not extend the charging deadline: charges must be filed within 48 standard hours or the detainee released. The fourteen-day ceiling applies to the emergency review interval, not to detention without charge. No extension blocks an immediate application to an independent tribunal, and custody must end when its individual grounds no longer exist. Reasons and duration must be recorded; a certification does not itself establish necessity.
Conditions of Confinement
All detainees shall receive: medical screening within 6 hours, humane environmental conditions, access to communication via ASC where available, protection from coercion or intimidation. Torture, degrading treatment, and coercive interrogation are prohibited.
Title III — Charging Procedure
Requirements for formal charges and review.
Formal Charge Requirements
A valid charge must include: citation of violated statute or directive, description of alleged conduct, evidence reference number, potential penalties, signature of responsible officer. Charges must be filed within 48 hours of detention or detainee released.
Charge Review
Before tribunal hearing: prosecuting authority must certify evidence sufficiency, identity must be established by UCI or a documented alternative without treating absence of registration as evidence of liability, conflict-of-interest screening conducted. Incomplete or defective charges shall be dismissed without prejudice.
Title IV — Tribunal Standards
Neutral adjudication, burden of proof, and public access.
Neutral Adjudication
Tribunals must: be structurally independent of arresting authority, disclose potential conflicts, maintain recorded proceedings. Ex parte communications are prohibited.
Burden of Proof
Administrative liability requires: clear and documented evidence, logical nexus between conduct and violation, standard of proof defined by offense classification. Speculative or reputational evidence is insufficient.
Public Access
Hearings shall be: public by default, closed only when security classification requires, redacted summaries issued when closure occurs. Transparency is presumed unless operational security demands restriction.
Title V — Sentencing & Sanctions
Proportional sanctions framework.
Proportionality
Sanctions must be: proportional to harm caused, consistent with precedent, documented in written order.
Permissible Sanctions
May include: fines, restitution, temporary trade suspension, revocation of contract privileges, temporary confinement (statutorily limited). Indefinite confinement is prohibited.
Title VI — Appeal Mechanisms
Rights of appeal and escalated review.
Right to Appeal
All final determinations are appealable within 30 standard days. Appeal panel must: be distinct from original tribunal, conduct de novo or procedural review as applicable, issue written determination within 21 days.
Escalated Review
Claims of procedural violation may be escalated to: Strategic Command oversight office, Governing Board review in exceptional cases. Findings may be summarized publicly.