States must ensure that the full range of legal and practical safeguards
to prevent torture is available, including guarantees related to the right
to personal liberty and security, and to due process rights. These are, for
instance, the right for anyone arrested or detained on criminal charges to
be brought promptly before a judge and to be tried within a reasonable
amount of time or to be released. They also include the right promptly to
challenge the lawfulness of one’s detention before a court. The Human
Rights Committee, in its general comment N° 29, has confirmed that this
right is to be protected at all times, including during a state of emergency,
thereby highlighting the crucial role of procedural guarantees in securing
compliance with the absolute prohibition of torture or any other form of
inhuman, cruel or degrading treatment. Additionally, detainees must be
given regular access to medical doctors and legal counsel. Finally, States
should allow the regular and independent monitoring of detention centres
(see also sect. D below).
The entry into force of the Optional Protocol to the Convention against
Torture on 22 June 2006 is a significant development towards ensuring the
practical protection of detainees against torture and other cruel, inhuman
or degrading treatment. It establishes an international Subcommittee
on Prevention of Torture with a mandate to visit places of detention in
States parties and requires States parties to set up national preventive
mechanisms, which are also to be provided with access to places of
detention and prisoners. The High Commissioner for Human Rights has
encouraged all States to sign and ratify this instrument as an important
practical measure and a demonstration of their commitment to preventing
torture and ill-treatment, and protecting the human rights of those within
their jurisdiction.
C. Transfer of individuals suspected of terrorist
activity
States have an obligation to conduct any transfer of detainees in a manner
which is transparent and consistent with human rights and the rule of law,
including the right to respect for a person’s inherent dignity, the right of
everyone to recognition before the law and the right to due process. The
international human rights legal framework requires that any deprivation
of liberty should be based on grounds and procedures established by law,
that detainees should be informed of the reasons for their detention and
promptly notified of the charges against them, and that they should be
provided with access to legal counsel. In addition, prompt and effective
oversight of detention by a judicial officer must be ensured to verify the
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