{"id":2773,"date":"2014-01-30T15:13:44","date_gmt":"2014-01-30T13:13:44","guid":{"rendered":"https:\/\/openasia.org\/en\/?p=2773"},"modified":"2014-01-30T15:13:44","modified_gmt":"2014-01-30T13:13:44","slug":"body-of-principles-for-the-protection-of-all-persons-under-any-form-of-detention-or-imprisonment-2","status":"publish","type":"post","link":"https:\/\/openasia.org\/en\/2014\/01\/body-of-principles-for-the-protection-of-all-persons-under-any-form-of-detention-or-imprisonment-2\/","title":{"rendered":"Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment"},"content":{"rendered":"

The General Assembly,<\/p>\n

Recalling its resolution 35\/177 of 15 December 1980, in which it referred
\nthe task of elaborating the draft Body of Principles for the Protection of All
\nPersons under Any Form of Detention or Imprisonment to the Sixth Committee and
\ndecided to establish an open-ended working group for that purpose,<\/p>\n

Taking note of the report of the Working Group on the Draft Body of
\nPrinciples for the Protection of All Persons under Any Form of Detention or
\nImprisonment, which met during the forty-third session of the General Assembly
\nand completed the elaboration of the draft Body of Principles,<\/p>\n

Considering that the Working Group decided to submit the text of the
\ndraft Body of Principles to the Sixth Committee for its consideration and
\nadoption,<\/p>\n

Convinced that the adoption of the draft Body of Principles would make an
\nimportant contribution to the protection of human rights,<\/p>\n

Considering the need to ensure the wide dissemination of the text of the
\nBody of Principles,<\/p>\n

1.\u00a0\u00a0 Approves the Body of Principles for the Protection of All Persons
\nunder Any Form of Detention or Imprisonment, the text of which is annexed to
\nthe present resolution;<\/p>\n

2.\u00a0\u00a0 Expresses its appreciation to the Working Group on the Draft Body of
\nPrinciples for the Protection of All Persons under Any Form of Detention or
\nImprisonment for its important contribution to the elaboration of the Body of
\nPrinciples;<\/p>\n

3.\u00a0\u00a0 Requests the Secretary-General to inform the States Members of the
\nUnited Nations or members of specialized agencies of the adoption of the Body
\nof Principles;<\/p>\n

4.\u00a0\u00a0 Urges that every effort be made so that the Body of Principles
\nbecomes generally known and respected.<\/p>\n

ANNEX
\nBody of Principles for the Protection of All Persons under
\nAny Form of Detention or Imprisonment
\nScope of the Body of Principles<\/p>\n

These principles apply for the protection of all persons under any form
\nof detention or imprisonment.
\nUse of terms<\/p>\n

For the purposes of the Body of Principles:<\/p>\n

(a)\u00a0 “Arrest” means the act of apprehending a person for the alleged
\ncommission of an offence or by the action of an authority;<\/p>\n

(b)\u00a0 “Detained person” means any person deprived of personal liberty
\nexcept as a result of conviction for an offence;<\/p>\n

(c)\u00a0 “Imprisoned person” means any person deprived of personal liberty as
\na result of conviction for an offence;<\/p>\n

(d)\u00a0 “Detention” means the condition of detained persons as defined
\nabove;<\/p>\n

(e)\u00a0 “Imprisonment” means the condition of imprisoned persons as defined
\nabove;<\/p>\n

(f)\u00a0 The words “a judicial or other authority” mean a judicial or other
\nauthority under the law whose status and tenure should afford the strongest
\npossible guarantees of competence, impartiality and independence.<\/p>\n

Principle 1
\nAll persons under any form of detention or imprisonment shall be treated
\nin a humane manner and with respect for the inherent dignity of the human
\nperson.
\nPrinciple 2
\nArrest, detention or imprisonment shall only be carried out strictly in
\naccordance with the provisions of the law and by competent officials or
\npersons authorized for that purpose.<\/p>\n

Principle 3
\nThere shall be no restriction upon or derogation from any of the human
\nrights of persons under any form of detention or imprisonment recognized or
\nexisting in any State pursuant to law, conventions, regulations or custom on
\nthe pretext that this Body of Principles does not recognize such rights or
\nthat it recognizes them to a lesser extent.<\/p>\n

Principle 4
\nAny form of detention or imprisonment and all measures affecting the
\nhuman rights of a person under any form of detention or imprisonment shall be
\nordered by, or be subject to the effective control of, a judicial or other
\nauthority.
\nPrinciple 5
\n1.\u00a0\u00a0 These principles shall be applied to all persons within the territory of
\nany given State, without distinction of any kind, such as race, colour, sex,
\nlanguage, religion or religious belief, political or other opinion, national,
\nethnic or social origin, property, birth or other status.<\/p>\n

2.\u00a0\u00a0 Measures applied under the law and designed solely to protect the rights
\nand special status of women, especially pregnant women and nursing mothers,
\nchildren and juveniles, aged, sick or handicapped persons shall not be deemed
\nto be discriminatory.\u00a0 The need for, and the application of, such measures
\nshall always be subject to review by a judicial or other authority.<\/p>\n

Principle 6
\nNo person under any form of detention or imprisonment shall be subjected
\nto torture or to cruel, inhuman or degrading treatment or punishment.*\u00a0 No
\ncircumstance whatever may be invoked as a justification for torture or other
\ncruel, inhuman or degrading treatment or punishment.<\/p>\n

*\u00a0\u00a0\u00a0 The term “cruel, inhuman or degrading treatment or punishment”
\nshould be interpreted so as to extend the widest possible protection against
\nabuses, whether physical or mental, including the holding of a detained or
\nimprisoned person in conditions which deprive him, temporarily or permanently,
\nof the use of any of his natural senses, such as sight or hearing, or of his
\nawareness of place and the passing of time.<\/p>\n

Principle 7
\n1.\u00a0\u00a0 States should prohibit by law any act contrary to the rights and duties
\ncontained in these principles, make any such act subject to appropriate
\nsanctions and conduct impartial investigations upon complaints.<\/p>\n

2.\u00a0\u00a0 Officials who have reason to believe that a violation of this Body of
\nPrinciples has occurred or is about to occur shall report the matter to their
\nsuperior authorities and, where necessary, to other appropriate authorities or
\norgans vested with reviewing or remedial powers.<\/p>\n

3.\u00a0\u00a0 Any other person who has ground to believe that a violation of this Body
\nof Principles has occurred or is about to occur shall have the right to report
\nthe matter to the superiors of the officials involved as well as to other
\nappropriate authorities or organs vested with reviewing or remedial powers.<\/p>\n

Principle 8
\nPersons in detention shall be subject to treatment appropriate to their
\nunconvicted status.\u00a0 Accordingly, they shall, whenever possible, be kept
\nseparate from imprisoned persons.<\/p>\n

Principle 9
\nThe authorities which arrest a person, keep him under detention or
\ninvestigate the case shall exercise only the powers granted to them under the
\nlaw and the exercise of these powers shall be subject to recourse to a
\njudicial or other authority.
\nPrinciple l0
\nAnyone who is arrested shall be informed at the time of his arrest of the
\nreason for his arrest and shall be promptly informed of any charges against
\nhim.
\nPrinciple ll
\n1.\u00a0\u00a0 A person shall not be kept in detention without being given an effective
\nopportunity to be heard promptly by a judicial or other authority.\u00a0 A detained
\nperson shall have the right to defend himself or to be assisted by counsel as
\nprescribed by law.<\/p>\n

2.\u00a0\u00a0 A detained person and his counsel, if any, shall receive prompt and full
\ncommunication of any order of detention, together with the reasons therefor.<\/p>\n

3.\u00a0\u00a0 A judicial or other authority shall be empowered to review as appropriate
\nthe continuance of detention.<\/p>\n

Principle 12
\n1.\u00a0\u00a0 There shall be duly recorded:<\/p>\n

(a)\u00a0 The reasons for the arrest;<\/p>\n

(b)\u00a0 The time of the arrest and the taking of the arrested person to a
\nplace of custody as well as that of his first appearance before a judicial or
\nother authority;<\/p>\n

(c)\u00a0 The identity of the law enforcement officials concerned;<\/p>\n

(d)\u00a0 Precise information concerning the place of custody.<\/p>\n

2.\u00a0\u00a0 Such records shall be communicated to the detained person, or his
\ncounsel, if any, in the form prescribed by law.<\/p>\n

Principle 13
\nAny person shall, at the moment of arrest and at the commencement of
\ndetention or imprisonment, or promptly thereafter, be provided by the
\nauthority responsible for his arrest, detention or imprisonment, respectively,
\nwith information on and an explanation of his rights and how to avail himself
\nof such rights.
\nPrinciple 14
\nA person who does not adequately understand or speak the language used by
\nthe authorities responsible for his arrest, detention or imprisonment is
\nentitled to receive promptly in a language which he understands the
\ninformation referred to in principle 10, principle 11, paragraph 2,
\nprinciple 12, paragraph 1, and principle 13 and to have the assistance, free
\nof charge, if necessary, of an interpreter in connection with legal
\nproceedings subsequent to his arrest.<\/p>\n

Principle 15
\nNotwithstanding the exceptions contained in principle 16, paragraph 4,
\nand principle 18, paragraph 3, communication of the detained or imprisoned
\nperson with the outside world, and in particular his family or counsel, shall
\nnot be denied for more than a matter of days.<\/p>\n

Principle 16
\n1.\u00a0\u00a0 Promptly after arrest and after each transfer from one place of detention
\nor imprisonment to another, a detained or imprisoned person shall be entitled
\nto notify or to require the competent authority to notify members of his
\nfamily or other appropriate persons of his choice of his arrest, detention or
\nimprisonment or of the transfer and of the place where he is kept in custody.<\/p>\n

2.\u00a0\u00a0 If a detained or imprisoned person is a foreigner, he shall also be
\npromptly informed of his right to communicate by appropriate means with a
\nconsular post or the diplomatic mission of the State of which he is a national
\nor which is otherwise entitled to receive such communication in accordance
\nwith international law or with the representative of the competent
\ninternational organization, if he is a refugee or is otherwise under the
\nprotection of an intergovernmental organization.<\/p>\n

3.\u00a0\u00a0 If a detained or imprisoned person is a juvenile or is incapable of
\nunderstanding his entitlement, the competent authority shall on its own
\ninitiative undertake the notification referred to in the present principle.
\nSpecial attention shall be given to notifying parents or guardians.<\/p>\n

4.\u00a0\u00a0 Any notification referred to in the present principle shall be made or
\npermitted to be made without delay.\u00a0 The competent authority may however delay
\na notification for a reasonable period where exceptional needs of the
\ninvestigation so require.
\nPrinciple 17
\n1.\u00a0\u00a0 A detained person shall be entitled to have the assistance of a legal
\ncounsel.\u00a0 He shall be informed of his right by the competent authority
\npromptly after arrest and shall be provided with reasonable facilities for
\nexercising it.<\/p>\n

2.\u00a0\u00a0 If a detained person does not have a legal counsel of his own choice, he
\nshall be entitled to have a legal counsel assigned to him by a judicial or
\nother authority in all cases where the interests of justice so require and
\nwithout payment by him if he does not have sufficient means to pay.<\/p>\n

Principle 18
\n1.\u00a0\u00a0 A detained or imprisoned person shall be entitled to communicate and
\nconsult with his legal counsel.<\/p>\n

2.\u00a0\u00a0 A detained or imprisoned person shall be allowed adequate time and
\nfacilities for consultations with his legal counsel.<\/p>\n

3.\u00a0\u00a0 The right of a detained or imprisoned person to be visited by and to
\nconsult and communicate, without delay or censorship and in full
\nconfidentiality, with his legal counsel may not be suspended or restricted
\nsave in exceptional circumstances, to be specified by law or lawful
\nregulations, when it is considered indispensable by a judicial or other
\nauthority in order to maintain security and good order.<\/p>\n

4.\u00a0\u00a0 Interviews between a detained or imprisoned person and his legal counsel
\nmay be within sight, but not within the hearing, of a law enforcement
\nofficial.<\/p>\n

5.\u00a0\u00a0 Communications between a detained or imprisoned person and his legal
\ncounsel mentioned in the present principle shall be inadmissible as evidence
\nagainst the detained or imprisoned person unless they are connected with a
\ncontinuing or contemplated crime.<\/p>\n

Principle 19
\nA detained or imprisoned person shall have the right to be visited by and
\nto correspond with, in particular, members of his family and shall be given
\nadequate opportunity to communicate with the outside world, subject to
\nreasonable conditions and restrictions as specified by law or lawful
\nregulations.
\nPrinciple 20
\nIf a detained or imprisoned person so requests, he shall if possible be
\nkept in a place of detention or imprisonment reasonably near his usual place
\nof residence.
\nPrinciple 21
\n1.\u00a0\u00a0 It shall be prohibited to take undue advantage of the situation of a
\ndetained or imprisoned person for the purpose of compelling him to confess, to
\nincriminate himself otherwise or to testify against any other person.<\/p>\n

2.\u00a0\u00a0 No detained person while being interrogated shall be subject to violence,
\nthreats or methods of interrogation which impair his capacity of decision or
\nhis judgement.
\nPrinciple 22
\nNo detained or imprisoned person shall, even with his consent, be
\nsubjected to any medical or scientific experimentation which may be
\ndetrimental to his health.
\nPrinciple 23
\n1.\u00a0\u00a0 The duration of any interrogation of a detained or imprisoned person and
\nof the intervals between interrogations as well as the identity of the
\nofficials who conducted the interrogations and other persons present shall be
\nrecorded and certified in such form as may be prescribed by law.<\/p>\n

2.\u00a0\u00a0 A detained or imprisoned person, or his counsel when provided by law,
\nshall have access to the information described in paragraph 1 of the present
\nprinciple.
\nPrinciple 24
\nA proper medical examination shall be offered to a detained or imprisoned
\nperson as promptly as possible after his admission to the place of detention
\nor imprisonment, and thereafter medical care and treatment shall be provided
\nwhenever necessary.\u00a0 This care and treatment shall be provided free of charge.<\/p>\n

Principle 25
\nA detained or imprisoned person or his counsel shall, subject only to
\nreasonable conditions to ensure security and good order in the place of
\ndetention or imprisonment, have the right to request or petition a judicial or
\nother authority for a second medical examination or opinion.<\/p>\n

Principle 26
\nThe fact that a detained or imprisoned person underwent a medical
\nexamination, the name of the physician and the results of such an examination
\nshall be duly recorded.\u00a0 Access to such records shall be ensured.\u00a0 Modalities
\ntherefor shall be in accordance with relevant rules of domestic law.<\/p>\n

Principle 27
\nNon-compliance with these principles in obtaining evidence shall be taken
\ninto account in determining the admissibility of such evidence against a
\ndetained or imprisoned person.
\nPrinciple 28
\nA detained or imprisoned person shall have the right to obtain within the
\nlimits of available resources, if from public sources, reasonable quantities
\nof educational, cultural and informational material, subject to reasonable
\nconditions to ensure security and good order in the place of detention or
\nimprisonment.
\nPrinciple 29
\n1.\u00a0\u00a0 In order to supervise the strict observance of relevant laws and
\nregulations, places of detention shall be visited regularly by qualified and
\nexperienced persons appointed by, and responsible to, a competent authority
\ndistinct from the authority directly in charge of the administration of the
\nplace of detention or imprisonment.<\/p>\n

2.\u00a0\u00a0 A detained or imprisoned person shall have the right to communicate
\nfreely and in full confidentiality with the persons who visit the places of
\ndetention or imprisonment in accordance with paragraph l of the present
\nprinciple, subject to reasonable conditions to ensure security and good order
\nin such places.
\nPrinciple 30
\n1.\u00a0\u00a0 The types of conduct of the detained or imprisoned person that constitute
\ndisciplinary offences during detention or imprisonment, the description and
\nduration of disciplinary punishment that may be inflicted and the authorities
\ncompetent to impose such punishment shall be specified by law or lawful
\nregulations and duly published.<\/p>\n

2.\u00a0\u00a0 A detained or imprisoned person shall have the right to be heard before
\ndisciplinary action is taken.\u00a0 He shall have the right to bring such action to
\nhigher authorities for review.
\nPrinciple 31
\nThe appropriate authorities shall endeavour to ensure, according to
\ndomestic law, assistance when needed to dependent and, in particular, minor
\nmembers of the families of detained or imprisoned persons and shall devote a
\nparticular measure of care to the appropriate custody of children left without
\nsupervision.<\/p>\n

Principle 32
\n1.\u00a0\u00a0 A detained person or his counsel shall be entitled at any time to take
\nproceedings according to domestic law before a judicial or other authority to
\nchallenge the lawfulness of his detention in order to obtain his release
\nwithout delay, if it is unlawful.<\/p>\n

2.\u00a0\u00a0 The proceedings referred to in paragraph l of the present principle shall
\nbe simple and expeditious and at no cost for detained persons without adequate
\nmeans.\u00a0 The detaining authority shall produce without unreasonable delay the
\ndetained person before the reviewing authority.<\/p>\n

Principle 33
\n1.\u00a0\u00a0 A detained or imprisoned person or his counsel shall have the right to
\nmake a request or complaint regarding his treatment, in particular in case of
\ntorture or other cruel, inhuman or degrading treatment, to the authorities
\nresponsible for the administration of the place of detention and to higher
\nauthorities and, when necessary, to appropriate authorities vested with
\nreviewing or remedial powers.<\/p>\n

2.\u00a0\u00a0 In those cases where neither the detained or imprisoned person nor his
\ncounsel has the possibility to exercise his rights under paragraph 1 of the
\npresent principle, a member of the family of the detained or imprisoned person
\nor any other person who has knowledge of the case may exercise such rights.<\/p>\n

3.\u00a0\u00a0 Confidentiality concerning the request or complaint shall be maintained
\nif so requested by the complainant.<\/p>\n

4.\u00a0\u00a0 Every request or complaint shall be promptly dealt with and replied to
\nwithout undue delay.\u00a0 If the request or complaint is rejected or, in case of
\ninordinate delay, the complainant shall be entitled to bring it before a
\njudicial or other authority.\u00a0 Neither the detained or imprisoned person nor
\nany complainant under paragraph 1 of the present principle shall suffer
\nprejudice for making a request or complaint.<\/p>\n

Principle 34
\nWhenever the death or disappearance of a detained or imprisoned person
\noccurs during his detention or imprisonment, an inquiry into the cause of
\ndeath or disappearance shall be held by a judicial or other authority, either
\non its own motion or at the instance of a member of the family of such a
\nperson or any person who has knowledge of the case.\u00a0 When circumstances so
\nwarrant, such an inquiry shall be held on the same procedural basis whenever
\nthe death or disappearance occurs shortly after the termination of the
\ndetention or imprisonment.\u00a0 The findings of such inquiry or a report thereon
\nshall be made available upon request, unless doing so would jeopardize an
\nongoing criminal investigation.<\/p>\n

Principle 35
\n1.\u00a0\u00a0 Damage incurred because of acts or omissions by a public official
\ncontrary to the rights contained in these principles shall be compensated
\naccording to the applicable rules on liability provided by domestic law.<\/p>\n

2.\u00a0\u00a0 Information required to be recorded under these principles shall be
\navailable in accordance with procedures provided by domestic law for use in
\nclaiming compensation under the present principle.<\/p>\n

Principle 36
\n1.\u00a0\u00a0 A detained person suspected of or charged with a criminal offence shall
\nbe presumed innocent and shall be treated as such until proved guilty
\naccording to law in a public trial at which he has had all the guarantees
\nnecessary for his defence.<\/p>\n

2.\u00a0\u00a0 The arrest or detention of such a person pending investigation and trial
\nshall be carried out only for the purposes of the administration of justice on
\ngrounds and under conditions and procedures specified by law.\u00a0 The imposition
\nof restrictions upon such a person which are not strictly required for the
\npurpose of the detention or to prevent hindrance to the process of
\ninvestigation or the administration of justice, or for the maintenance of
\nsecurity and good order in the place of detention shall be forbidden.<\/p>\n

Principle 37
\nA person detained on a criminal charge shall be brought before a judicial
\nor other authority provided by law promptly after his arrest.\u00a0 Such authority
\nshall decide without delay upon the lawfulness and necessity of detention.\u00a0 No
\nperson may be kept under detention pending investigation or trial except upon
\nthe written order of such an authority.\u00a0 A detained person shall, when brought
\nbefore such an authority, have the right to make a statement on the treatment
\nreceived by him while in custody.<\/p>\n

Principle 38
\nA person detained on a criminal charge shall be entitled to trial within
\na reasonable time or to release pending trial.<\/p>\n

Principle 39
\nExcept in special cases provided for by law, a person detained on a
\ncriminal charge shall be entitled, unless a judicial or other authority
\ndecides otherwise in the interest of the administration of justice, to release
\npending trial subject to the conditions that may be imposed in accordance with
\nthe law.\u00a0 Such authority shall keep the necessity of detention under review.<\/p>\n

General clause
\nNothing in this Body of Principles shall be construed as restricting or
\nderogating from any right defined in the International Covenant on Civil and
\nPolitical Rights.<\/p>\n

\"\"<\/a>\"\"<\/a><\/span>\"\"<\/a>\"\"<\/a><\/span><\/span><\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The General Assembly, Recalling its resolution 35\/177 of 15 December 1980, in which it referred the task of elaborating the draft Body of Principles for the Protection of All Persons under Any Form of Detention […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5,43,53,10],"tags":[],"class_list":["post-2773","post","type-post","status-publish","format-standard","hentry","category-geography","category-human-rights-online-library","category-prison-prisoners-and-enforced-disappearance","category-world","country-world","Tajikistan-human-rights-2","Documents-international-instruments"],"acf":[],"_links":{"self":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/2773","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/comments?post=2773"}],"version-history":[{"count":2,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/2773\/revisions"}],"predecessor-version":[{"id":2775,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/2773\/revisions\/2775"}],"wp:attachment":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/media?parent=2773"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/categories?post=2773"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/tags?post=2773"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}