Session outline seven: Detention Objectives Participants will have a basic knowledge of the international standards for conditions of detention and the treatment of detainees, and the ability to practice the application of those standards. Sources UDHR (arts. 5 and 11) ICCPR (arts. 7, 9, 10 and 14) SMRTP (rules 5, 6(2), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 41, 42, 44(3), 53, 66, 71(5), 77, 82, 83, 84(2), 85(1), 85(2), 86, 87, 88, 91, 92 and 93) Basic Principles for the Treatment of Prisoners (principle 3) Principles on Detention or Imprisonment (principles 1, 5(2), 6, 8, 10, 11, 12, 14, 15, 16(1), 17, 18, 19, 21(1), 22, 24, 25, 26, 30, 32, 36 and 37) Declaration on Enforced Disappearance (article 10) Principles on Summary Executions (principle 6) Torture Convention (preamble, art. 2) Beijing Rules (rules 1, 2, 3, 4, 5, 6, 7 and 8) Standards Pre-trial detention shall be the exception rather than the rule.57 All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.58 Everyone charged with a penal offence shall be presumed innocent until proved guilty in a fair trial.59 No detainee shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, or to any form of violence or threats.60 Detained persons shall be held only in officially recognized places of detention, and their family and legal representatives are to receive full information.61 Juveniles are to be separated from adults, women from men, and unconvicted persons from convicted persons.62 Decisions about the duration and legality of detention are to be made by a judicial or equivalent authority. 63 The detainee shall have the right to be informed of the reason for detention and any charges against him.64 Detainees have the right to contact with the outside world, to visits from family members, and to communicate privately and in person with a legal representative.65 57 ICCPR, article 9(3); Principles on Detention or Imprisonment, principle 37. ICCPR, article 10; Principles on Detention or Imprisonment, principle 1. 59 UDHR, article 11; ICCPR, article 14(2); SMRTP, rule 84(2); Principles on Detention or Imprisonment, principle 36. 60 UDHR, article 5; ICCPR, article 7; Torture Convention, preamble and article 2; SMRTP, rule 31; Principles on Detention or Imprisonment, principle 6. 61 Principles on Detention or Imprisonment, principles 12 and 16(1); SMRTP, rules 7, 44(3) and 92; Declaration on Enforced Disappearance, article 10; Principles on Summary Execution, principle 6. 62 ICCPR, article 10; CRC, article 37; SMRTP, rules 5, 8, 53, 85(1) and 85(2); Principles on Detention or Imprisonment, principles 5(2) and 8; Beijing Rules, see generally, Part 1, rules 1-8. 63 ICCPR, article 9(4); Principles on Detention or Imprisonment, principles 32 and 37; Declaration on Enforced Disappearance, article 10(1). 64 ICCPR, article 9(2); Principles on Detention or Imprisonment, principles 10, 11, 12(2) and 14. 65 UDHR, article 11; ICCPR, article 14; Principles on Detention or Imprisonment, principles 15, 17, 18 and 19; SMRTP, rules 92 and 93. 58 77