109. Human rights defenders deprived of their liberty have a right to be treated with
humanity and with respect for their inherent dignity.151 This requires that conditions in detention facilities must be such that they do not amount to inhuman and
degrading treatment. Human rights defenders deprived of their liberty must not
be subjected to discriminatory treatment or detention conditions that function as
a form of punishment for their human rights work. They must be effectively protected from torture and other ill-treatment and any potential abuses committed by
other inmates. The treatment of human rights defenders deprived of their liberty
should be fully in line with the UN Standard Minimum Rules for the Treatment of
Prisoners and the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment and the Basic Principles on the Treatment of
Prisoners.152
110. To address specific problems that women human rights defenders may face
in detention, participating States should take steps to protect them from gender-based violations and should provide them with services in accordance with
the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules).153 Similarly, participating States should take steps to address the needs of other groups of human rights
defenders who are at particular risk of violence and other abuse.154
Fair trial
111. In accordance with Article 14 of the ICCPR, Article 6 of the ECHR and Article 8 of
the ACHR, everyone facing criminal charges is entitled to a fair and public hearing
by a competent, independent and impartial tribunal established by law and other
fair trial rights. In particular, everyone charged with a criminal offence has the
right to be presumed innocent until proven guilty. Furthermore, Article 14 of the
ICCPR provides, inter alia, for the following: the right to be informed promptly and
in detail of the nature and cause of the charges; the right to have adequate time and
facilities for the preparation of the defence; the right to a lawyer of one’s choice;
the right to free legal assistance where required; the right to be tried in one’s presence; the right to call and examine witnesses on one’s behalf; and the right not to
be compelled to testify against oneself or to confess guilt.155
151
See Article 10 of the ICCPR.
152 “Standard Minimum Rules for the Treatment of Prisoners”, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the
Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977;
and “Basic Principles for the Treatment of Prisoners”, adopted and proclaimed by General Assembly resolution
45/111 of 14 December 1990.
153 “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)”, adopted by the UNGA Resolution A/RES/65/229 on 21 December 2010.
154 This includes on account of, for example, their sexual orientation, gender identity and gender expression.
See, for example, United Nations Office on Drugs and Crime (UNODC), “Handbook on Prisoners with special
needs”, 2009, <http://www.unodc.org/documents/justice-and-prison-reform/Prisoners-with-special-needs.
pdf>; for specific recommendations concerning LGBTI individuals, see pp. 119-122.
155
60
See Article 14(3).
Guidelines on the Protection of Human Rights Defenders
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