the decision by the procurator to approve the suspect's arrest pending investigation if taken - as the Working Group was informed, without the procurator hearing the suspect does not satisfy international standards. The rationale behind the requirement that the person in custody shall be brought before a court or a judicial officer is that before taking a decision on his arrest, the suspect shall be given an opportunity to argue against this decision (here, at par. 32 (b))
(art. 66) When a public security organ wishes to arrest a criminal suspect, it shall submit a written request for approval of arrest together with the case file and evidence to the People's Procuratorate at the same level for examination and approval. When necessary, the People's Procuratorate may send procurators to participate in the public security organ's discussion of a major case.
1. if the suspects asks to be heard;2. if the suspect is underage. A guardian must attend the hearing, but there are ways to circumvent this requirement (art. 9);3. if clues or evidence signal that torture, violence or unlawful means were used during investigation;4. if it's not clear whether the suspect needs to be arrested (age of criminal responsibility, dangerousness, contradictions or flaws in the suspect's statements or evidence etc.)5. if the circumstances of a case are dubious.