persons under detention. CAT and Article 7 of the ICCPR also apply to persons under detention, whether the detention is lawful or unlawful. The ability to detain an individual is, however, recognised by Article 9 the ICCPR and will not amount to ill-treatment per se unless it is arbitrary and is not carried out on such grounds and in accordance with such procedure as are established by law. Article 9 provides as follows: 1. Everybody has the right to liberty and security of the person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Lengthy periods of detention without charges being laid or without trial may, however, as well as being a violation of Article 14(3)(c) of the ICCPR85, also constitute torture or cruel, inhuman or degrading treatment or punishment, depending upon the combination of circumstances both of the detention and the individual. Article 10(1) of the ICCPR is also relevant. It 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 comprehensive and specific requirements for detention, including safeguards that should be followed in order to ensure that detainees are not tortured or subject to ill-treatment, are set out in the following instruments: • Principles of Medical Ethics and Torture;86 • Principles for Persons under Detention;87 • Standard Minimum Rules;88 and • Rules for the Protection of Juveniles.89 85 Article 14(3)(c) provides for the right to be tried without undue delay. Adopted by UN General Assembly resolution 37/194 of 18 December 1982. 87 Adopted by UN General Assembly resolution 43/173 of 9 December 1988. 86 79

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