II. CONDITIONS OF, AND TREATMENT IN, DETENTION A. PROHIBITION OF TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT a. International Standards 181. “All persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person”.275 This broad guarantee is applicable to all persons deprived of their liberty, whether on suspicion of having committed a criminal offence or otherwise, and is reflected in Article 10(1) of the ICCPR and OSCE commitments, among others.276 It is “a fundamental and universally applicable rule”277 treated by the Human Rights Committee as a legal norm that is not subject to derogation, even in states of emergency or situations of armed conflict.278 182. Various provisions in the ICCPR and other international instruments supplement the right to humane treatment and respect for the dignity of a detained person. One of the most important of these is the prohibition of torture and cruel, inhuman or degrading treatment or punishment, which is enshrined in Article 7 of the ICCPR, Articles 2 and 16 of the CAT, OSCE commitments,279 as well as a number of other human rights instruments and customary international law.280 As part of its OSCE commitments, the United States “strongly condemn[s] all forms of torture as one of the most flagrant violations of human 275 ICCPR, Art. 10(1). Relevant OSCE commitments include: OSCE Vienna Document, op. cit., note 90, para. 23.2. This guarantee is also protected under ACHR, Art. 5; ADRDM, Art. XXV. 277 UN HRC, General Comment No. 9, Article 10: Humane treatment of persons deprived of liberty, HRI/GEN/1/Rev.1, p. 9, para. 1, 30 July 1982, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fGEC%2f4719&Lang=en> ; UN HRC, General Comment No. 21, Article 10: Humane treatment of persons deprived of liberty (replaces General Comment No. 9), HRI/GEN/1/REV.1, 13 March 1993, p. 180, para. 4, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fGEC%2f4731&Lang=en> 278 UN HRC, General Comment No. 29, op. cit., note 111, para. 13(a). 279 Relevant OSCE commitments include the OSCE Vienna Document, op. cit., note 90, para. 23.4; OSCE Budapest Document, op. cit., note 3, para. 20; OSCE Summit, “Charter for European Security: III. Our Common Response”, Istanbul, 19 November 1999 (hereinafter, “OSCE Istanbul Document”), para. 21, <http://www.osce.org/mc/17502>; OSCE Ljubljana Document, op. cit., note 90; OSCE Ministerial Council, Ministerial Declaration, “Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights”, Helsinki, 5 December 2008, <http://www.osce.org/mc/35476>; OSCE Athens Document, op. cit., note 80, paras. 1-9. 280 These include, inter alia: UDHR, Art. 5; ADRDM, Art. XXV; ACHR, Art. 5; and European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 3. A number of soft-law documents also prohibit torture and ill-treatment and provide guidance to states on how to prevent torture and ill-treatment, in particular in places of detention. See, for instance, “Code of Conduct for Law Enforcement Officials”, New York, 17 December 1979, <http://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementOfficials.aspx>; “Standard Minimum Rules for the Treatment of Prisoners”, Geneva, 30 August 1955, <https://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf>; “Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment”, New York, 9 December 1975, <http://www.ohchr.org/EN/ProfessionalInterest/Pages/DeclarationTorture.aspx>; “Basic Principles for the Treatment of Prisoners”, New York, 14 December 1990, <http://www.ohchr.org/EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOfPrisoners.aspx>. As part of their OSCE commitments, the United States has committed itself to “observe the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials”. OSCE Vienna Document, op. cit., note 90, para. 23.3. 276 76