including, where applicable, the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights or
of serious violations of international humanitarian law.
Article 17
1.
No one shall be held in secret detention.
2. Without prejudice to other international obligations of the State
Party with regard to the deprivation of liberty, each State Party shall, in its
legislation:
(a) Establish the conditions under which orders of deprivation of
liberty may be given;
(b) Indicate those authorities authorized to order the deprivation of
liberty;
(c) Guarantee that any person deprived of liberty shall be held solely
in officially recognized and supervised places of deprivation of liberty;
(d) Guarantee that any person deprived of liberty shall be authorized
to communicate with and be visited by his or her family, counsel or any
other person of his or her choice, subject only to the conditions established
by law, or, if he or she is a foreigner, to communicate with his or her
consular authorities, in accordance with applicable international law;
(e) Guarantee access by the competent and legally authorized
authorities and institutions to the places where persons are deprived of
liberty, if necessary with prior authorization from a judicial authority;
(f) Guarantee that any person deprived of liberty or, in the case of
a suspected enforced disappearance, since the person deprived of liberty
is not able to exercise this right, any persons with a legitimate interest,
such as relatives of the person deprived of liberty, their representatives or
their counsel, shall, in all circumstances, be entitled to take proceedings
before a court, in order that the court may decide without delay on the
lawfulness of the deprivation of liberty and order the person’s release if
such deprivation of liberty is not lawful.
3. Each State Party shall assure the compilation and maintenance
of one or more up-to-date official registers and/or records of persons
48
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