A/68/295
26. In the following sections, the Special Rapporteur examines the nine targeted
areas (see General Assembly resolution 67/188, para. 6) and offers a set of
procedural standards and safeguards from the perspective of the prohibition of
torture and other ill-treatment that should, as a matter of law and policy, be applied,
at a minimum, to all cases of deprivation of liberty.
B.
Targeted review of preliminary areas: minimum set of procedural
principles and safeguards
Scope and application of the Rules
27. While the Rules focus mainly on the situation of persons deprived of liberty in
prisons, pretrial detention centres and police stations, in practice, States’ obligations
to ensure respect for human rights extend beyond police custody and prisons. The
broad concept of deprivation of liberty is reflected in several international
instruments, including the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, in which “deprivation
of liberty” is understood to mean any form of detention or imprisonment or the
placement of a person in a public or private custodial setting which that person is
not permitted to leave at will by order of any judicial, administrative or other
authority (art. 4 (2)). The language used by the Inter-American Commission on
Human Rights is also enlightening. By its resolution 1/08, the Commission
understands the concept of “deprivation of liberty” to encompass the following:
Any form of detention, imprisonment, institutionalization or custody of a
person in a public or private institution which that person is not permitted to
leave at will … This category of persons includes … those persons who are
under the custody and supervision of certain institutions, such as: psychiatric
hospitals and other establishments for persons with physical, mental or sensory
disabilities; institutions for children and the elderly; centers for migrants,
refugees, asylum or refugee status seekers, stateless and undocumented
persons; and any other similar institution the purpose of which is to deprive
persons of their liberty.
For the purpose of this report, the broad term of persons deprived of liberty will be
used to refer to all the above-mentioned situations.
28. Although Rule 95 clarifies that the scope of Rule 4 (1) extends to all persons
deprived of their liberty, it is nevertheless important to make it explicit that the
Rules are effectively applicable to all persons under any form of detention or
imprisonment, whether for criminal or civil reasons, whether the person is detained
prior to trial, while on remand or after conviction, or whether the individual is
subject to so-called special security measures, administrative or corrective
measures, or immigration-related measures. The Special Rapporteur urges that it be
made explicit that the Rules are applicable to all forms of deprivation of liberty,
without exception and regardless of the legal status of the imprisoned person.
Furthermore, the Rules shall be applied (Rule 6 (1)) to all arrangements for the
custody and treatment of persons subjected to any form of arrest, detention or
imprisonment, with no discrimination, on grounds of international law, for example
on grounds of age, national, ethnic or social origin, cultural beliefs and practices,
birth or other status, including health status, disability, gender or other identity and
sexual orientation (see Human Rights Council resolution 17/19 and Human Rights
6/23
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