UN TREATY BODIES
1
for precisely this purpose, it is clear that the conclusion of the Protocol does
not lessen the existing obligation under UNCAT to monitor the treatment of
persons deprived of their liberty, but rather provides more detailed mechanisms for its fulfilment.105
– ICCPR
In its General Comment on Article 7, the HRC recognised the importance of
keeping interrogation rules under review, and of training “Enforcement personnel, medical personnel, police officers and any other persons involved in the
custody or treatment of any individual subjected to any form of arrest, detention
or imprisonment,” and incorporating the prohibition of ill-treatment into the
operational rules and ethical standards to be followed by such persons.106
The Committee further recognised that procedural guarantees can provide an
effective means of preventing ill-treatment. It therefore stated that “provisions
should be made for detainees to be held in places officially recognized as places of
detention and for their names and places of detention, as well as for the names
of persons responsible for their detention, to be kept in registers readily available
and accessible to those concerned, including relatives and friends. To the same
effect, the time and place of all interrogations should be recorded, together with
the names of all those present and this information should also be available for
purposes of judicial or administrative proceedings.”107
The Committee explained its expectations in more detail in its General Comment on Article 10(1), inviting States parties “to indicate in their reports to what
extent they are applying the relevant United Nations standards applicable to the
treatment of prisoners: the Standard Minimum Rules for the Treatment of Prisoners (1957), the Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment (1988), the Code of Conduct for Law Enforcement
Officials (1978) and the Principles of Medical Ethics relevant to the Role of Health
26
CAT, Concluding Observations on Russia, UN Doc. A/52/44, 1996, §43(d) (and UN Doc.
CAT/C/CR/28/4, 2002, §8(f)).
105
This is made clear in the Preamble of the OPCAT. The CAT has also made it clear that the
pre-existing obligation also applies, for example encouraging the Cambodian government
to “establish a systematic and independent system to monitor the treatment in practice of persons arrested, detained or imprisoned [and i]n this connection,… consider signing and ratifying
the Optional Protocol to the Convention.” (CAT, Concluding Observations on Cambodia, UN
Doc. CAT/C/CR/30/2, 2003, §7(i)). See also, for example, CAT, Concluding Observations on
Monaco, UN Doc. CAT/C/CR/32/1, 2004, §5(f)–(g)).
106
HRC, General Comment No. 20, 1992, §10. See also HRC, General Comment No. 21, 1992,
§9.
107
HRC, General Comment No. 20, 1992, §11.
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