E/CN.4/1990/17
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whatever the form of deprivation of liberty may be. Everybody who is deprived
of his liberty is entitled to the protection provided by the document. A
third element which has to be noted is that no exception is made for times of
emergency. Since an earlier draft contained a reference to such situations,
it has to be assumed that the principles must be applied under all
circumstances. The Body of Principles contains many elements which are of
direct relevance to the prevention of torture and actually echo a number of
recommendations the Special Rapporteur has made in previous reports; some of
these may be referred to here.
263. Principle 11 states that a person shall not be kept in detention without
being given an effective opportunity to be heard promptly by a judicial or
other authority. Since torture is often practised immediately after arrest,
this prompt hearing by a judge may be a guarantee for the arrested person's
physical integrity. The legality of his detention can be considered and his
right of access to legal counsel can be secured.
264. Of no less importance are principles 12 and 23, which prescribe the duty
to record the circumstances at the time of arrest and of interrogation.
Especially relevant is the duty to record the identity of the officials who
are responsible for the arrest and the interrogation. Torture usually takes
place under conditions which make it impossible for the victim to recognize
his interrogators and torturers= Complaints filed afterwards are therefore
often unsubstantiated as regards the alleged perpetrators.
265. Other elements which have relevance to the prevention of torture are the
duty to give the detainee access to legal counsel (principles 17 and 18), the
duty to inform his relatives promptly about the arrest (principle 19) and to
provide him with medical care and have him medically examined (principles 24
and 25). With regard to the latter issue the Special Rapporteur would have
preferred a stronger wording in line with the recommendation made by him in
last year'6 report and repeated in paragraph 272 (d) of the present report.
266. Of similar importance is principle 27, which states that non-compliance
with the provisions contained in the Body of Principles in obtaining evidence
shall be taken into account in determining the admissibility of such evidence
against a detained or imprisoned person. Next to the rule that evidence which
itself is obtained by torture is not admissible in court, this provision
contributes to reducing the incidence of torture.
267. Another principle which deserves mention is principle 29, which
prescribes regular inspection of all places of detention by an independent
inspection team. The significance of such a system of visits, preferably by
international teams, as a preventive measure can hardly be overestimated.
268. Principle 34 states that each death occurring during detention or
imprisonment or shortly afterwards must be investigated by a judicial or other
impartial authority. This principle is similar to a recommendation the
Special Rapporteur made in one of his previous reports.
269. Finally, principles 7 and 33 are of great importance for the prevention
and repression of torture. Principle 33 lays down the right of a detained or
imprisoned person to file a complaint about torture or other maltreatment to
which he has been subjected. Principle 7 states that any act contrary to the
rights and duties contained in the Body of Principles should be prohibited by
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