UNDP-OHCHR TOOLKIT continued RIGHT OR ISSUE 11 conditions of UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Art. 10 ICCPR All persons deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Safeguards: Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to 11 11 11 No more force should be used than necessary. Prohibition of corporal punishment. Domestic legislation criminalizing torture. Limits/Violations: 11 11 Inhuman or cruel conditions, including overcrowding, lack of access to a medical officer. 11 11 11 11 11 70 c ommunication, rights of detainees to places of Art. 17(d) Intl. Convention for the Protection of All Persons from Enforced Disappearance (d) Guarantee that any person deprived of liberty shall be authorized to communicate with and be visited by his or her family, counsel or any other person of his or her choice, subject only to the conditions established by law, or, if he or she is a foreigner, to communicate with his or her consular authorities, in accordance with applicable international law. Safeguards: Art. 9 ICCPR (general) Safeguards: Art. 17(c) Intl. Convention for the Protection of All Persons from Enforced Disappearance Without prejudice to other int’l obligations of the State Party … each State Party shall, in its legislation: (c) Guarantee that any person deprived of liberty shall be held solely in officially recognized and supervised places of deprivation of liberty. 11 11 Art. 37 Standard Minimum Rules for the Treatment of Prisoners (1955) Prisoners can communicate with family and reputable friends at regular intervals (with necessary supervision). All places of detention should be official and published. Limits/Violations: 11 The law permits detention in irregular or temporary facilities or movement between facilities without notice. implement a prisons inspection programmes (including through the development of a manual, with standard templates and forms) look into and report on living conditions and access to medical care report on or study long-term detention in facilities that are designed for short term detention work to prevent incommunicado detentions which increase risk of ill-treatment and torture. Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to ensure that detainees receive confidential communication with their legal counsel. Support the NHRI in advocating that the State makes provisions against incommunicado detention and prohibits such practices by law.6 Support the NHRI in advocating that the government be open and transparent about the location of authorized places of detention and that informal places of detention are closed or regularised.