FACTSHEET • Who is in charge of the proper recording of this international law, these categories of prisoners have to be held in separate facilities or in separate sections of the same facility.27 • Is proper record-keeping observed in practice? Given that pre-trial detainees are presumed to be innocent, and may not even have been charged at this stage, pre-trial detention must not assume the characteristics of a prison sentence. The revised Standard Minimum Rules emphasise that unconvicted prisoners are presumed to be innocent and should be treated as such, and that they should ‘benefit from a special regime’.28 This includes accommodation ‘singly in separate rooms, with the reservation of different local custom in respect of the climate’, the ability to have their food procured at their own expense from the outside, being allowed to wear their own clothing, being offered the opportunity to but not required to work, and access to treatment by their own doctor, although ‘at their own expense’.29 information? Is there any authority responsible for supervising and surveying record-keeping? • What are the consequences for inadequate documentation by law enforcement officials/ prison administration? • Does a single, comprehensive register exist or does a patchwork of different records undermine its value? • Where is this information kept (electronic database or records, registration book with numbered pages) and how is it linked to a nationwide register of persons deprived of their liberty? • Is there a secure audit trail and are there measures to prevent unauthorised access to or modification of any information contained in the system? • Who has access to the register? Do the detainee and his counsel have access to his/her records? Are there external oversight mechanisms? What could monitoring bodies check? • Are interrogations audio- or video-recorded? • What is the system of case management between • What are the conditions in police custody (cell size, • For how long is the register kept? • How long are persons detained at police stations 3.6. Inadequate conditions in pre-trial detention • Are remand prisoners transferred to/held in specific Remand prisoners may initially be held in police custody before being transferred to a penitentiary pre-trial facility. • Are they separated from convicted prisoners? different stakeholders involved (detention facility, prosecutor/magistrate, court)? When in police custody, remand prisoners are held by the same institution that is tasked with the investigation of their alleged offence and which may well be under pressure to ‘deliver results’. Suspects are often interrogated without the presence of a lawyer or any independent monitor, providing officials with ample opportunity to exert pressure, including through illtreatment. In many countries pre-trial detainees are confined in police cells for prolonged periods, even though police stations are not equipped with the facilities, infrastructure, personnel or budget necessary to accommodate people for longer periods of time. As a consequence, pre-trial detainees are often held in conditions worse than those experienced by convicted prisoners. Police cells may be overcrowded to such an extent that it amounts to cruel, inhuman or degrading treatment or punishment, in particular when suspects are kept in police custody for extended periods. Following transfer to a detention facility, the lack of separation between prisoners awaiting trial and convicted prisoners is a serious cause for concern. Pursuant to ventilation, food, healthcare, outdoor exercise, access to activities)? before being transferred to a pre-trial detention facility? types of detention? • Do conditions in pre-trial detention assume the nature of a sentence? 3.7. Lack of access to the outside world When prisoners are held incommunicado for days, weeks or months there is an increased risk of abuse occurring and going undetected. Access by detainees to the outside world, such as visits by relatives and others concerned about their well-being, is a key safeguard against abuse, and against enforced disappearances. Visitors can learn about the condition of detainees and are able to intervene on their behalf. The revised Standard Minimum Rules require that detainees are allowed, ‘under necessary supervision, to communicate with their family and friends at regular intervals’ by correspondence as well as by receiving visits, and where available by telecommunication, electronic, digital and other means.30 Access to doctors, in particular to independent physicians, is particularly important in order to detect and document injuries, providing the evidence necessary for 27. Article 10 of the International Covenant on Civil and Political Rights, Principle 8 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Rule 112 (1) of the revised Standard Minimum Rules. 28. Revised Standard Minimum Rules, Rule 111. 29. Revised Standard Minimum Rules, Rules 112-118. 30. Revised Standard Minimum Rules, Rule 58. 6 | Penal Reform International | Pre-trial detention: Addressing risk factors to prevent torture and ill-treatment