Minimum Rules; and the Rules for the Protection of Juveniles. Breach of these standards
may constitute a breach of the general prohibition relating to torture under international
law or lead to breaches of CAT or Article 7 and/or Article 10(1) of the ICCPR.
•
An institution’s failure to meet certain basic requirements of detention may constitute
torture or cruel, inhuman or degrading treatment or punishment. In addition, a detainee’s
personal circumstances or special characteristics may impose particular obligations where
a detainee may require individualised treatment.
•
Lengthy periods of detention without charges being laid or without trial may, as well as
being a violation of Article 14(3)(c) of the ICCPR, also constitute torture or cruel,
inhuman or degrading treatment or punishment, depending upon the combination of
circumstances both of the detention and the individual.
•
In some circumstances, solitary confinement may constitute torture or cruel, inhuman or
degrading treatment or punishment.
The use of force and security measures
•
The use of force and security measures may constitute torture or cruel, inhuman or
degrading treatment or punishment.
•
The (UN) Code of Conduct for Law Enforcement Officers and the (UN) Basic Principles
on the Use of Force contain specific guidelines on the use of force and security measures.
•
Law enforcement and prison officials may use force only when strictly necessary and to
the extent required for the performance of their duty.
•
Force may be necessary for the prevention of crime, including crimes committed in
detention, or to effect lawful arrest, but no force going beyond that may be used and any
force used must be proportionate to the objective to be achieved.
•
The use of restraints (such as shackles) during detention can constitute a violation of the
prohibition against torture, cruel, inhuman or degrading treatment or punishment under
general international law as well as a breach of articles 7 and/or 10(1) of the ICCPR.
Similar considerations apply to non-voluntary solitary confinement.
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