MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
102
Juveniles
1
“State parties shall ensure that
a) No child be subjected to torture or other cruel, inhuman or
degrading treatment or punishment. (…)” UN Convention on the
Rights of the Child Art. 37
Comments
Prisoners are most vulnerable to torture during the earliest stages
of their detention, particularly during interrogation and investigation.
Even if the mandate of a particular visiting body does not include
police or other pretrial custody, they should ensure that they see and
speak to prisoners who have recently arrived from such custody and
monitor whether they have had an opportunity to have their concerns
and physical state documented and made the subject of official complaints, where relevant.
Torture is one of the most difficult areas for visitors to handle,
requiring careful protocols, preparation and training. It is an extremely sensitive task to interview people who have been tortured.
Torture can be difficult to prove, particularly when time has
elapsed. Visitors should ensure that they are well briefed on local
practices, including ways employed to cover up violations, and the
most commonly detected methods. They should also be briefed on
administrative measures in place to prevent torture (such as logs).
Visitors should note that the following have been considered as
amounting to torture or cruel, inhuman or degrading treatment by the
jurisprudence of international bodies:
■
Conditions of detention, alone or in combination with other elements
■
Solitary confinement (See the section in this Chapter: ISOLATION)
■
Denial of appropriate medical treatment
■
Sensory deprivation
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