E/CN.4/1992/17
page 107
(k) Each detained person should have the right to initiate, immediately
after his arrest, proceedings before a court on the lawfulness of his
detention, in conformity with article 9, paragraph 4, of the International
Covenant on Civil and Political Rights. Since the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment,
Principle 32 of which contains the same provision, makes no exception for
times of emergency, a detained person should be entitled to exercise this
right also under a state of siege or emergency;
(1) Training programmes for law enforcement and security personnel
should reflect the respect due to the inherent dignity of all detained
persons. In particular, such personnel should be instructed on their duty to
disobey orders received from a superior to practise torture;
(m) Governments are reminded that they can avail themselves of the
programme of advisory services of the United Nations Centre for Human Rights
in combating torture.
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