•
CAT and Article 7 of the ICCPR also apply to persons under detention, whether the
detention is lawful or unlawful.
•
In addition, Article 10(1) of the ICCPR provides that all persons deprived of their liberty
shall be treated with humanity and with respect for the inherent dignity of the human
person.
•
More specific requirements for detention are set out in the (UN) Principles of Medical
Ethics and Torture; the (UN) Principles for Persons under Detention; the Standard
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.
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