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:
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Restrictions because of
national security, public order
and protection of public health
or morality.
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