CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE continued RIGHT OR ISSUE 11  rohibition p against arbitrary UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Art. 9(1) ICCPR Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary … detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. Safeguards: Support NHRI’s work in seeking to reduce the length and use of preventative detention. 11 Preventative detentions should be reasonably justified, proportional and undertaken with discrimination against persons based on ethnic origin (see ICCPR and Siracusa Principles). Limits/Violations: 11 Excessive use of preventative detentions; use of security forces for policing. Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to document and report on cases of preventative detention through prison inspections and through comparative study of jurisdictions that do not rely excessively on preventative detention. Support training security forces / armed forces that are used as a de facto policing force. 11 s ystematic review of places of Art. 11 CAT Each State party shall keep under systematic review interrogation rules, instructions, methods and practices … for the custody and treatment of … persons subjected to any form of arrest, detention or imprisonment … with a view to preventing any cases of torture. Safeguards: 11 Systematic review of places of detention. Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to: 11 11 establish an effective systematic review of places of detention, including regular and unannounced visits produce reports / publicity / information about the results and impacts of prison inspection programs. The UNCT can support the general discussion and debate by holding seminars, workshops, etc on relevant findings and recommendations of NHRIs. 11 r ight to be brought promptly before judge Arts. 9(3), 14 ICCPR Derogation in Art. 4. Safeguards: 11 11 Must maintain documentation regarding arrest and detention, timeliness of hearing, habeas corpus Person to be brought before a magistrate or judicial officer within a reasonable period of time. Provide the NHRI with the necessary technical assistance, specialised training, expertise and material support to document and report instances of detention when detainees are not brought before a judge within the period prescribed in law and pretrial detention that extends beyond international standards. Limits/Violations: 11 Restrictions because of national security, public order and protection of public health or morality. 71