A/68/295
personality of prisoners, as potentially in conflict with the right to personal selfdetermination. 4
40. As a principle of general application, the Rules should explicitly consider all
inmates as subjects of rights and duties and not objects of treatment or correction.
Given that mental ill-treatment may be inflicted under the name of remedial,
educational, moral, spiritual and other forces and forms of assistance, the review
process offers an opportunity to revisit Rule 59 in order to limit the applicable
methods to those respectful of the prisoners’ inherent dignity and value as human
beings. In this respect, there is a need to revisit the concepts of “rehabilitation” and
“re-education”, as well as of “corrective” and “correctional”, among others, in order
to protect persons deprived of liberty from arbitrary intervention or treatment that
may amount to torture or other ill-treatment.
41. The Special Rapporteur recalls the importance of introducing a rule allowing
all who are deprived of their liberty to challenge expeditiously the lawfulness of the
detention, e.g. through habeas corpus or amparo, as a safeguard for ensuring
protection against torture or other ill-treatment. In all circumstances, the person
deprived of liberty should have the right to inform his or her family of the arrest
(Rules 44 (3) and 92) and place of detention within 18 hours (E/CN.4/2003/68,
paras. 26 (g) and (i)). These rules should apply also to decisions to restrict the
personal freedom of an inmate further, for instance by placing him or her in
isolation or solitary confinement. In no case may a detainee’s contact with the
outside world be dependent on his or her cooperativeness, be used as a disciplinary
sanction or form part of the sentence. In accordance with principle 19 of the Body of
Principles, access to the outside world can only be denied subject to reasonable
conditions and restrictions as specified by law (see E/CN.4/2004/56, para. 43).
42. Furthermore, given that safeguards are particularly undermined when the
detained persons are held in incommunicado or secret detention, the Rules should
place an obligation on prison authorities to ensure that persons deprived of liberty
are held in officially recognized and accessible places of detention. Police station
chiefs and investigating officers should be held criminally accountable for any
unacknowledged custody in cases where their responsibility, including command
responsibility, has been established. The Special Rapporteur recalls that whether
detention is secret or not is determined by its incommunicado character and by the
fact that State authorities do not disclose the place of detention or information about
the fate of the detainee (see A/HRC/13/42, paras. 8-10).
43. The maintenance of an official registry has been and remains one of the
fundamental safeguards against torture or other ill-treatment. Although Rule 7
provides for an obligation to ensure proper registration, it lacks a provision obliging
strict adherence to registration from the very moment of apprehension and transfer to
police custody; the duty to have a comprehensive and accessible record of everyone
deprived of liberty (International Convention for the Protection of All Persons from
Enforced Disappearance, art. 17 (3)); information regarding the time and place of
arrest as well as the identity of the arresting officials; the state of health upon arrival
at the detention centre; and records of when the next of kin and a lawyer were
contacted and visited the detainee. It also lacks a provision requiring accurate
__________________
4
10/23
See the recommendations contained in chap. III, on the right to personal liberty, of the report on
the human rights situation in Mexico of the Inter-American Commission on Human Rights.
Available from www.cidh.org/countryrep/mexico98sp/Capitulo-3.htm.
13-42285
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