Prevention of Torture (CPT), which has the power to carry out impromptu spot checks on
places of detention. The CPT, which has been operating since 1987, has set down a comprehensive set of basic standards that are of potentially universal application.
In addition to the CPT and the UN Subcommittee on Prevention, the International Committee of the Red Cross also has an invaluable role in preventing torture and ameliorating
conditions of detention through its programmes of prison visits.
Another important mechanism is the UN Special Rapporteur on Torture, who is able to
raise specific allegations with governments and prepare reports on issues relevant to the
eradication of torture. Those reports contain essential reading for those seeking to ensure
the compliance of counter-terrorism strategies with the absolute prohibition on torture. The
Special Rapporteur has pointed out that “the provisions of some new anti-terrorist legislation
at the national level may not provide sufficient legal safeguards as recognised by international
human rights law in order to prevent human rights violations, in particular those safeguards
preventing and prohibiting torture and other forms of ill treatment.”310
Soft law framework to combat torture during arrest and in detention
The UN has adopted a number of soft law (i.e., non-binding) guidelines, rules, recommendations and declarations that are relevant to protection from torture. These global values are
also reflected in OSCE commitments and they provide a helpful and authoritative guidance
to prevent and protect from torture. OSCE participating States are committed to observing
the UN Standard Minimum Rules for the Treatment of Prisoners as well as the UN Code of
Conduct for Law Enforcement Officials.311
There are a large number of soft-law standards. Many of their principles have been adopted
by the courts, tribunals and committees responsible for implementing international human
rights standards. As such, their significance and weight should not be under-estimated. Some
of the key documents include:
Standard Minimum Rules for the Treatment of Prisoners (1955) 312
The Standard Minimum Rules “set out what is generally accepted as being good principle
and practice in the treatment of prisoners and the management of institutions.”313 They apply to all categories of detainees, including sentenced prisoners, those under administrative
detention and persons detained without charge. On the whole, they represent “the minimum
conditions which are accepted as suitable by the United Nations.”314
The Rules lay down minimum standards for registration; separation and classification of detainees; accommodation; sanitary installations; provision of food, drinking water, articles
necessary for personal hygiene, clothing and bedding; religious practice; education; exercise
310 Report by the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,
Theo van Boven, doc. A/57/173, 2 July 2002, para. 5.
311 Op. cit., note 29, 1989 Vienna Document, Questions Relating to Security in Europe: Principles, para 23.3.
312 The Rules were 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, available at http://www.unhchr.ch/html/menu3/b/h_comp34.htm.
313 Ibid., Preliminary Observations, para. 1.
314 Ibid., Preliminary Observations, para. 2.
116
Countering Terrorism, Protecting Human Rights
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