Article 7 of the Rome Statute of the International Criminal Court provides that
torture is a crime against humanity when it is:
committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of
the attack [para. 1]
The absolute prohibition of all forms of torture has consequences for the use of
force and weapons by prison staff. Article 3 of the Code of Conduct for Law
Enforcement Officials provides that:
Law enforcement officials may use force only when
strictly necessary and to the extent required for the performance
of their duty.
Article 1 of the Declaration on the Protection of All Persons from Enforced
Disappearance states:
1. Any act of enforced disappearance is an offence to
human dignity. It is condemned as a denial of the purposes of
the Charter of the United Nations and as a grave and flagrant
violation of the human rights and fundamental freedoms
proclaimed in the Universal Declaration of Human Rights and
reaffirmed and developed in international instruments in this
field.
In General Assembly resolution 47/133 of 18 December 1992, which proclaimed the
Declaration on the Protection of All Persons from Enforced Disappearance, "enforced
disappearances" are defined as acts whereby:
persons are arrested, detained or abducted against their will
or otherwise deprived of their liberty by officials of different
branches or levels of Government, or by organized groups or
private individuals acting on behalf of, or with the support,
direct or indirect, consent or acquiescence of the Government,
followed by a refusal to disclose the fate or whereabouts of
the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the
protection of the law [third preambular paragraph]
It is essential that when someone who is in detention or prison disappears or dies there
should be an independent investigation into the cause of the disappearance or death.
Principle 34 of the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment provides that:
Whenever the death or disappearance of a detained or
imprisoned person occurs during his detention or imprisonment, an inquiry into the cause of death or disappearance
shall be held by a judicial or other authority, either on its own
motion or at the instance of a member of the family of such a
person or any person who has knowledge of the case. ...
If someone who is in detention or prison dies or is seriously injured, the prison authorities
should inform the next of kin. This is provided for in rule 44 of the Standard Minimum
Rules for the Treatment of Prisoners:
(1) Upon the death or serious illness of, or serious injury
to a prisoner, or his removal to an institution for the treatment of mental affections, the director shall at once
inform the spouse, if the prisoner is married, or the nearest
relative and shall in any event inform any other person previously designated by the prisoner.
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