forms of ill-treatment. These include safeguards with respect to persons who are detained
and/or interrogated and monitoring and training requirements.
Detention
•
With regard to detention, articles 7, 9 and 10 of the ICCPR are relevant, as well as other
standards, including the Standard Minimum Rules and Body of Principles.
•
These suggest the following particular procedural safeguards should be followed when an
individual has been detained:
o
relatives or a third person of the detainee’s choice and consular authorities of the
State of origin of a detained foreigner shall be informed in a timely manner of his
or her arrest or detention and the place of detention;
o
secret places of detention should be abolished under law;
o
all detainees should be given the ability to challenge the lawfulness of their
detention forthwith;
o
every person at the beginning of detention must be given the right to undergo a
medical examination;
o
a person shall be given the opportunity to have access to a lawyer of their choice
immediately upon being detained; and
o
a person who is detained must be informed of their rights in respect of each of
these issues in a language they understand.
•
The minimum interrogation standards developed by the ACJ and set out above should be
adhered to when an individual is being questioned (whether in detention or not).
•
Article 11 of CAT also requires states to conduct systematic reviews of the rules and
practices relating to the interrogation and treatment of detainees with a view to preventing
any cases of torture.
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