incommunicado detention does not involve the complete isolation of the
detainee, who has access to an officially appointed lawyer and a forensic
physician, the Committee considers that the incommunicado regime,
regardless of the legal safeguards for its application, facilitates the commission
of acts of torture and ill-treatment’.355
42. An individual held for three years without visits from relatives in an unknown
location was held to be a violation of Articles 7 and 10(1) of the ICCPR. 356
However, an earlier case held that 15 days was also in violation of the
Covenant.357
43. The UN Standard Minimum Rules require regular contact with family and
friends358 and international human rights law requires the right of a detainee to
visitors.359
Access to a doctor and denial of medical treatment
44. In addition to the right to access a lawyer, 360 a detainee’s right to prompt and
regular access to a doctor is also a crucial safeguard against abuse.361
45. The UN Special Rapporteur on Torture has recommended that ‘At the time of
arrest a person should undergo a medical inspection, and medical inspections
should be repeated regularly and should be compulsory upon transfer to
another place of detention’.362
46. It has been recommended that the best guarantor of effectiveness in this regard
is for detainees to be given the opportunity to undergo a medical examination
before a doctor of their choice in addition to any examination by a State
appointed official.363
47. Each facility should have ‘at least one qualified medical officer who should have
some knowledge of psychiatry’, and ‘sick prisoners who require specialist
treatment shall be transferred to specialised institutions or to civil hospitals’.364
355
Concluding observations of the Committee against Torture: Spain (CAT/C/CR/29/3), at para. 10.
Communication 440/1990, Y. El-Megreisi v. the Libyan Arab UN doc. A/49/40 (vol. II), p. 130.
357 Communication 147/1983, L. Arzuaga Gilboa v. Uruguay UN doc. A/41/40, p. 133, para. 14
358 Rule 37. Body of Principles, Principle 15. See also Human Rights Committee, Communication
577/1994, Polay v. Peru6 November 1997.
359 See e.g. Inter-American Commission, Report No. 38/96, Case 10.506 v. Argentina, October 15,
1996, in OAS doc. OEA/Ser.L/V/II.95, doc. 7 rev.,Annual Report of the Inter-American Commission on
Human Rights 1996.
360 See section VIII.B. below.
361 Human Rights Committee, General Comment No.20, 44th Session (1992), para 11.
362 Report of the Special Rapporteur on Torture, UN Doc.A/56/156, July 2001, para 39(f). See also Body
of Principles for the Protection of All Persons Under any Form of Detention or Imprisonment, Principle
24.
363 UN Body of Principles for the Protection of All persons under Any Form of Detention or Imprisonment,
Principle 25. CPT/Inf/E (2002) 1, p.6, para 36.
364 Standard Minimum Rules for the Treatment of Prisoners, Rule 22.
356
73
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