o The right to an interpreter.
DISCUSSION
The overriding principle is that all persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.46
International law has specific requirements that must be met when a person is taken into
custody. These apply to persons detained in respect of terrorism matters in the same manner
as for other offences. In addition to the right to challenge without delay the lawfulness of the
detention, as discussed above, and the due process rights discussed in the next section, they
include:
(a)
The right to be free from torture;
(b)
Suitable conditions of incarceration;
(c)
Notification of and access to family;
(d)
Access to legal counsel;
(e)
Consular assistance; and
(f)
The right to an interpreter.
The Advisory Council also notes that some of the Conventions on Terrorism establish broad
principles that are to be followed in the event that a person is taken into custody. Article 14
of the Terrorist Bombings Convention, for example, stipulates that:
Any person who is taken into custody or regarding whom any other measures are taken or
proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment,
including enjoyment of all rights and guarantees in conformity with the law of the State in the
territory of which that person is present and applicable provisions of international law, including
47
international law of human rights.
circumstances in which it is carried out, is likely to harm the health, safety or morals of children”. These must
apply by analogy to the use of children in terrorist actions.
46
Article 10(1), ICCPR; Principle 1, Body of Principles on Detention.
47
See also Article 17 of the Financing of Terrorism Convention and Article 12 of the Nuclear Materials
Convention, which is the same as Article 14 of the Terrorist Bombings Convention to the extent that it requires
‘fair treatment’. The Internationally Protected Persons Convention in article 9 merely refers to a guarantee of
fair treatment, while the Hostages Convention requires fair treatment and the rights and guarantees provided by
the law of the state.
46