A Monitoring Guide
107
police cells? Is there evidence that they are detained without
a formal charge?
What is done when a detainee is considered to be at risk of
self-harm, including suicide? What is the policy in place?
Do detainees have access to a doctor and/or medical
treatment (in particular where detention is longer than
24-48 hours)?
Is the self-identified gender of trans persons duly taken into
account by the police prior to placement in detention?
Are CCTV cameras in operation in police custody? Are some
areas not covered by CCTV?
Yogyakarta Principles on the Application of International Human Rights
Law in Relation to Sexual Orientation and Gender Identity
Principle 7. The Right to Freedom from Arbitrary deprivation of liberty
“No one shall be subjected to arbitrary arrest or detention. Arrest or
detention on the basis of sexual orientation or gender identity, whether
pursuant to a court order or otherwise, is arbitrary. All persons under arrest, regardless of their sexual orientation or gender identity, are entitled, on the basis of equality, to be informed of the reasons for arrest and
the nature of any charges against them, to be brought promptly before a
judicial officer and to bring court proceedings to determine the lawfulness of detention, whether or not charged with any offence.
States shall: […]
B Take all necessary legislative, administrative and other measures to
ensure that all persons under arrest, regardless of their sexual orientation or gender identity, are entitled, on the basis of equality, to
be informed of the reasons for arrest and the nature of any charges
against them, and whether charged or not, to be brought promptly
before a judicial officer and to bring court proceedings to determine
the lawfulness of detention.”
Chapter IV
3. Interviewing and safeguards in police custody
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