UNDP-OHCHR TOOLKIT
continued
RIGHT
OR ISSUE
11
UN INSTRUMENTS
isappearances / Art. 6 ICCPR (general)
D
extra-judicial
Int’l Convention for the
killings
Protection of All Persons from
Enforced Disappearance.8
SAFEGUARDS/LIMITS
AND VIOLATIONS
SAMPLE AREAS
OF UNCT SUPPORT
TO NHRIS
Safeguards:
Provide the NHRI with the necessary
technical assistance, specialised
training, expertise, and material
support to:
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11
All persons detained should be
handed over immediately to the
nearest police station and arrests
reported and documented.
Failing to respect procedural
safeguards should be an offence.
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Limits/ Violations:
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MOBILITY,
right of
Art. 12(1) ICCPR
Everyone lawfully within
the territory… shall have
the liberty of movement
and freedom to choose his
residence.
Forced disappearances,
extrajudicial killings.
Search, detention and arrest
without warrant of persons under
any emergency regulation.
Safeguards:
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Restrictions must be appropriate to
achieve their purpose, and be the
least intrusive instrument among
available options and proportionate
to the interest to be protected.9
Lawful restrictions should use
“precise criteria and may not
confer unfettered discretion.”10
Limits/Violations:
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PRESUMPTION
OF INNOCENCE
Art. 14(2) ICCPR
Everyone charged with a
criminal offence shall have the
right to be presumed innocent
until proved guilty.
Permits are required to enter or
leave certain areas.
Household registration is used as
a tool to monitor people’s
whereabouts and to control
freedom of association
Safeguards:
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The legal burden of proof should
always be on the prosecution
Limits/Violations:
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Laws preventing entry of
unauthorized persons from “High
Security Zones”, “Prohibited Zones”
and “Restricted Zones” designated
by authorities.
Legal reversals of the burden of
proof; restrictions on the accused
to challenge State evidence
or cross-examine.
State is permitted to
destroy evidence.
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systematically document and
report on all forced disappearances
take effective steps to keep
disappearances under control by,
for example, investigating them.
develop a database of persons
arrested under criminal laws,
emergency powers.
establish a 24/7 Hotline to report
disappearances, arrests/
emergency situations.
Ensure that the NHRI understands
its responsibilities with regard to the
right of mobility and advise them
on possible activities/best practices,
e.g. support the NHRI’s work with the
government to phase out laws that
restrict mobility and examine and
critique, as appropriate, the use of
techniques such as household registration lists as law enforcement tools.
Provide the NHRI with the necessary
technical assistance, specialised
training, expertise, and material
support to investigate reports of
restrictions of movements of citizens,
residents or minorities.
Support training and monitoring
for situations of forced expulsions,
deportations and exit controls.
Ensure that the NHRI understands
its responsibilities with regard to
the presumption of innocence and
advise them on possible activities/
best practices.
Support the NHRI’s efforts to
advocate for legal reform to ensure
that the burden of proof in criminal
matters rests on the State, and that
derogations are lawful and consistent
with human rights standards.
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