UNDP-OHCHR TOOLKIT continued RIGHT OR ISSUE 11 UN INSTRUMENTS  isappearances / Art. 6 ICCPR (general) D extra-judicial Int’l Convention for the killings Protection of All Persons from Enforced Disappearance.8 SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Safeguards: Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to: 11 11 All persons detained should be handed over immediately to the nearest police station and arrests reported and documented. Failing to respect procedural safeguards should be an offence. 11 11 Limits/ Violations: 11 11 MOBILITY, right of Art. 12(1) ICCPR Everyone lawfully within the territory… shall have the liberty of movement and freedom to choose his residence. Forced disappearances, extrajudicial killings. Search, detention and arrest without warrant of persons under any emergency regulation. Safeguards: 11 11 Restrictions must be appropriate to achieve their purpose, and be the least intrusive instrument among available options and proportionate to the interest to be protected.9 Lawful restrictions should use “precise criteria and may not confer unfettered discretion.”10 Limits/Violations: 11 11 11 PRESUMPTION OF INNOCENCE Art. 14(2) ICCPR Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty. Permits are required to enter or leave certain areas. Household registration is used as a tool to monitor people’s whereabouts and to control freedom of association Safeguards: 11 The legal burden of proof should always be on the prosecution Limits/Violations: 11 11 74 Laws preventing entry of unauthorized persons from “High Security Zones”, “Prohibited Zones” and “Restricted Zones” designated by authorities. Legal reversals of the burden of proof; restrictions on the accused to challenge State evidence or cross-examine. State is permitted to destroy evidence. 11 11 systematically document and report on all forced disappearances take effective steps to keep disappearances under control by, for example, investigating them. develop a database of persons arrested under criminal laws, emergency powers. establish a 24/7 Hotline to report disappearances, arrests/ emergency situations. Ensure that the NHRI understands its responsibilities with regard to the right of mobility and advise them on possible activities/best practices, e.g. support the NHRI’s work with the government to phase out laws that restrict mobility and examine and critique, as appropriate, the use of techniques such as household registration lists as law enforcement tools. Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to investigate reports of restrictions of movements of citizens, residents or minorities. Support training and monitoring for situations of forced expulsions, deportations and exit controls. Ensure that the NHRI understands its responsibilities with regard to the presumption of innocence and advise them on possible activities/ best practices. Support the NHRI’s efforts to advocate for legal reform to ensure that the burden of proof in criminal matters rests on the State, and that derogations are lawful and consistent with human rights standards.