Notes
v. Dominican Republic, Communication No.
188/1984, CCPR/C/31/D/188/1984). See also
Habeas Corpus in Emergency Situations
(Arts. 27(2) and 7(6) of the American Convention on Human Rights, Advisory Opinion OC-8/87, 30 January 1987, Inter-Am. Ct.
H. R. (Ser. A) No. 8 (1987)].
29. The CPT Standards: Substantive sections
of the CPT’s General Reports, CPT/Inf/E
(2002) - Rev.2003.
30. UN Special Rapporteur on the question of torture and other cruel, inhuman
or degrading treatment or punishment,
A/56/156, 3 July 2001, paragraph 39.
31. Basic Principles on the Role of Lawyers,
adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, Cuba, 27
August to 7 September 1990.
32. The UN Body of Principles for the Protection
of All Persons under Any Form of Detention
or Imprisonment was adopted by General
Assembly Resolution 43/173 of 9 December
1988.
33. Idem.
34. See report of the UN Special Rapporteur
on the question of torture and other cruel,
inhuman or degrading treatment or punishment to the UN Commission on Human
Rights, E/CN.4/2004/56, 23 December 2003.
35. Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979.
36. Standard Minimum Rules for the Treatment
of Prisoners, adopted by the First United
Nations Congress on the Prevention of
Crime and the Treatment of Offenders, held
at Geneva in 1955, and approved by the
Economic and Social Council by its resolution 663 C (XXIV) of 31 July 1957 and 2076
(LXII) of 13 May 1977.
37. The UN Body of Principles for the Protection
of All Persons under Any Form of Detention
or Imprisonment was adopted by General
Assembly Resolution 43/173 of 9 December
1988.
38. Adopted by the African Commission on
Human and Peoples’ Rights, 32nd Session,
17-23 October 2002.
39. See page 12, Report of the UN Special
Rapporteur of the Commission on Human
Rights, A/56/156, 3 July 2001.
59
40. CPT, 12th General Report, supra, para.42.
41. Radivoje v. Yugoslavia, Communication No.
113/1998, UN Doc. CAT/C/26/D/113/1998,
para. 9.5; ECHR, Aydin v. Turkey, (1998) 25
E.H.R.R. 251, para.107 and Ilhan v. Turkey,
(2002) 34 E.H.R.R. 36, paras.101 et seq.
42. “Anyone who is deprived of his liberty by
arrest or detention shall be entitled to take
proceedings before a court, in order that
that court may decide without delay on the
lawfulness of his detention and order his
release if the detention is not lawful.”
43. “In order to protect non-derogable rights,
the right to take proceedings before a court
to enable the court to decide without delay
on the lawfulness of detention, must not
be diminished by a State party’s decision
to derogate from the Covenant.” (General
Comment 29 on Article 4 of the ICCPR, UN
Doc. CCPR/C/21/Rev.1/Add.11 31 August
2001, para. 16). There are similar provisions in the ECHR (Art. 5), the American
Convention on Human Rights (Art. 7, and
also Art. 25(1) in relation to amparo) and
the Body of Principles on Detention (Principle 32).
44. Inter-American Commission on Human
Rights, Advisory opinion request, quoted
in Inter-American Court of Human Rights,
Habeas Corpus in Emergency Situations,
Advisory Opinion OC-8/87 of 30 January
1987, para. 12.
45. Report of the Special Rapporteur on Torture on his visit to Chile, 4 December 1996,
E/CN.4/1996/35/Add.2, para. 76(l).
46. See Conor Foley, Combating Torture: A
Manual for Judges and Prosecutors, Human
Rights Centre, University of Essex, 2003,
p.49.
47. CPT/Inf/E 2002 1 – Rev 2006 p.14, para.45.
48. Article 15 of the Convention against Torture
states: “Each State Party shall ensure that
any statement which is established to have
been made as a result of torture shall not
be invoked as evidence in any proceedings,
except against a person accused of torture
as evidence that the statement was made.”
Article 14(3)(g) ICCPR provides that individuals should not be compelled to confess
guilt and Principle 21(1) of the UN Body of
Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment states “It shall be prohibited to
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