A/68/295
information about the custody and whereabouts of persons, including transfers,
available promptly to the detainee, his or her relatives and his or her counsel (Body of
Principles, principle 12), as well as registration of information on the circumstances of
death of prisoners and the location of their remains (International Convention on
Enforced Disappearance, art. 17 (3) (g)). Furthermore, Rule 7 (2), which obliges
prison authorities to not receive a person in an institution without a valid commitment
order, should be revised. The detainee should be admitted into a lawful place of
detention and the person in charge of that institution is responsible for admitting the
person concerned and immediately notifying a judge.
44. It is equally important that interrogation rules, instructions, methods and
practices be kept under systematic review with a view to preventing cases of torture
and other ill-treatment (Convention against Torture, art. 11). The Special Rapporteur
recalls that counsel must be present during all interview interrogations, in their
entirety. The duration of interrogations and the intervals between interrogations
must be recorded (preferably with a video recorder but at least with an audio
recorder) and the identity of the officials conducting the interrogation should be
registered (Body of Principles, principle 23). Individuals arrested legally should not
be held in facilities under the control of their interrogators or investigators for more
time than is required by law to obtain a judicial warrant of pretrial detention, which,
in any case, should not exceed a period of 48 hours. They should be transferred to a
pretrial facility under a different authority at once, after which no further
unsupervised contact with the interrogators or investigators should be permitted (see
E/CN.4/2003/68, para. 26 (g)).
Conditions of detention
45. The Special Rapporteur has noted that inappropriate conditions of detention,
including conditions characterized by structural deprivation and the non-fulfilment
of rights necessary for a humane and dignified existence, amount to a systematic
practice of inhuman or degrading treatment or punishment (E/CN.4/2004/56,
para. 41, and A/HRC/13/39/Add.5, para. 230). A considerable amount of
jurisprudence at the international and regional levels has also consistently found that
conditions of detention can amount to inhuman and degrading treatment.
Overcrowding, lack of ventilation, poor sanitary conditions, prolonged isolation, the
holding of suspects incommunicado, frequent transfers from one prison to another,
the non-separation of different categories of prisoners, the holding of persons with
disabilities in environments that include areas inaccessible to them and the holding
of persons without means of communication could constitute or lead to cruel,
inhuman or degrading treatment or torture. The Rules could benefit from adhering to
the requirement established by the Committee on Economic, Social and Cultural
Rights regarding services in places of detention (see general comment No. 19 of the
Committee, especially paras. 1, 9, 31 and 46).
46. While recognizing that penitentiary systems are almost universally severely
underfunded and suffer from decades of accumulated problems, the Special
Rapporteur recalls that a lack of financial resources cannot be an excuse for not
refurbishing detention facilities, purchasing basic supplies and providing food 5 and
medical treatment, among other things. The Rules should stress that treating all
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13-42285
In some countries, e.g. Canada and the Dominican Republic, prison staff are served the same
food given to persons deprived of liberty.
11/23
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