60
A practical guide to the Istanbul Protocol – for lawyers
take undue advantage of the situation of
a detained or imprisoned person for the
purpose of compelling him to confess, to
incriminate himself otherwise or to testify
against any other person.”
49. See in particular the decision of the Human Rights Committee in Singarasa v. Sri
Lanka, UN Doc. CCPR/C/81/D/1033/2001,
23 August 2004. See for a recent example
of national jurisprudence the judgment of
the UK House of Lords in A(FC) and others
(FC) (Appelants) v. Secretary of State for the
Home Department (Respondents), House of
Lords, [2004] UKHL 56, on appeal from:
[2002] EWCA Civ 1502.
50. UN Document A/56/156, 3 July 2001, para.
39 (j).
51. See for example Article 12 of the UN Convention against Torture stating that national authorities are obliged to proceed to
an investigation ex officio, wherever there
are reasonable grounds to believe that acts
of torture have been committed and whatever the origin of the suspicion.
52. Concluding Observations of the Human Rights Committee: Bolivia, UN Doc.
CCPR/C/79/Add.74, 1 May 1997, para. 28;
Principle 13 of the Body of Principles and
Rule 35 of the Standard Minimum Rules for
the Treatment of Prisoners. According to
the European Committee for the Prevention
of Torture, “Rights for persons deprived of
their liberty will be of little value if the
persons concerned are unaware of their
existence. Consequently, it is imperative
that persons taken into police custody are
expressly informed of their rights without
delay and in a language which they understand. In order to ensure that this is
done, a form setting out those rights in a
straightforward manner should be systematically given to persons detained by the
police at the very outset of their custody.
Further, the persons concerned should be
asked to sign a statement attesting that
they have been informed of their rights.”
12th General Report, supra, para.44.
53. CPT, 12th General Report, supra, para.40:
“As from the outset of its activities, the CPT
has advocated a trinity of rights for persons detained by the police: the rights of
access to a lawyer and to a doctor and the
right to have the fact of one’s detention notified to a relative or another third party of
one’s choice.” Principles 15-19 of the Body
of Principles.
54. Principle 16 (2) of the Body of Principles;
Rule 38 of the Standard Minimum Rules for
the Treatment of Prisoners. The International Court of Justice has in the LaGrand
Case (Germany v United States of America),
ICJ Reports 2001, para.77 and the Case Concerning Avena and other Mexican Nationals
(Mexico v. United States of America), Judgment of 31 March 2004, recognised that
Article 36 (1) of the Vienna Convention
on Consular Relations creates individual
rights for the national concerned.
55. See CPT, Report to the Government of Cyprus on the visit to Cyprus carried out by
the European Committee on the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment from 22-30 May
2000, CPT/Inf (2003) 1, para.41: “The right
for prisoners to have confidential access
to appropriate authorities is an important
additional safeguard against ill-treatment.
In this respect, the CPT’s delegation noted
that the prison authorities have installed
locked boxes through which inmates may
have direct access to the Director of Nicosia Central Prisons and to the Prison Board.
This is a welcome development, which
should be extended to allow prisoners direct access to bodies which are entirely independent of the prison system.” See also
Principle 33 (3) of the Body of Principles:
“Confidentiality concerning the request
or complaint shall be maintained if so requested by the complainant.”
56. Report of the Special Rapporteur, UN Doc.
E/CN.4/2004/56, 23 December 2003, para.
39 and Principles 11 (1), 32 (1) and 37 of the
Body of Principles.
57. CPT, 12th General Report, supra, para.
50: “[…]the inspection of police establishments by an independent authority can
make an important contribution towards
the prevention of ill-treatment of persons
held by the police and, more generally,
help to ensure satisfactory conditions of
detention. To be fully effective, visits by
such authorities should be both regular
and unannounced, and the authority concerned should be empowered to interview
detained persons in private. Further, it
should examine all issues related to the
treatment of persons in custody: the re-
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