Scope of the Body of Principles
These principles apply for the protectionof all persons under any form of detention or imprisonment.
Use of Terms
For the purposes of the Body of Principles:
(a) "Arrest" means the act of apprehendinga person for the alleged commission of an offence or by the action of anauthority;
(b) "Detained person" means any persondeprived of personal liberty except as a result of conviction for an offence;
(c) "Imprisoned person" means any persondeprived of personal liberty as a result of conviction for an offence;
(d) "Detention" means the condition ofdetained persons as defined above;
(e) "Imprisonment" means the conditionof imprisoned persons as defined above;
(f) The words "a judicial or other authority"means a judicial or other authority under the law whose status and tenureshould afford the strongest possible guarantees of competence, impartialityand independence.
All persons under any form of detention orimprisonment shall be treated in a humane manner and with respect for theinherent dignity of the human person.
Arrest, detention or imprisonment shall onlybe carried out strictly in accordance with the provisions of the law andby competent officials or persons authorized for that purpose.
There shall be no restriction upon or derogationfrom any of the human rights of persons under any form of detention orimprisonment recognized or existing in any State pursuant to law, conventions,regulations or custom on the pretext that this Body of Principles doesnot recognize such rights or that it recognizes them to a lesser extent.
Any form of detention or imprisonment andall measures affecting the human rights of a person under any form of detentionor imprisonment shall be ordered by, or be subject to the effective controlof, a judicial or other authority.
1. These principles shall be applied to allpersons within the territory of any given State, without distinction ofany kind, such as race, colour, sex, language, religion or religious belief,political or other opinion, national, ethnic or social origin, property,birth or other status.
2. Measures applied under the law and designedsolely to protect the rights and special status of women, especially pregnantwomen and nursing mothers, children and juveniles, aged, sick or handicappedpersons shall not be deemed to be discriminatory. The need for, and theapplication of, such measures shall always be subject to review by a judicialor other authority.
No person under any form of detention or imprisonmentshall be subjected to torture or to cruel, inhuman or degrading treatmentor punishment.* No circumstance whatever may be invoked as a justificationfor torture or other cruel, inhuman or degrading treatment or punishment.
1. States should prohibit by law any act contraryto the rights and duties contained in these principles, make any such actsubject to appropriate sanctions and conduct impartial investigations uponcomplaints.
* The term "cruel, inhuman or degradingtreatment or punishment" should be interpreted so as to extend the widestpossible protection against abuses, whether physical or mental, includingthe holding of a detained or imprisoned person in conditions which deprivehim, temporarily or permanently. of the use of any of his natural senses,such as sight or hearing, or of his awareness of place and the passingof time.
2. Officials who have reason to believethat a violation of this Body of Principles has occurred or is about tooccur shall report the matter to their superior authorities and, wherenecessary, to other appropriate authorities or organs vested with reviewingor remedial powers.
3. Any other person who has ground to believethat a violation of this Body of Principles has occurred or is about tooccur shall have the right to report the matter to the superiors of theofficials involved as well as to other appropriate authorities or organsvested with reviewing or remedial powers.
Persons in detention shall be subject to treatmentappropriate to their unconvicted status. Accordingly, they shall, wheneverpossible, be kept separate from imprisoned persons.
The authorities which arrest a person, keephim under detention or investigate the case shall exercise only the powersgranted to them under the law and the exercise of these powers shall besubject to recourse to a judicial or other authority.
Anyone who is arrested shall be informed atthe time of his arrest of the reason for his arrest and shall be promptlyinformed of any charges against him.
1. A person shall not be kept in detentionwithout being given an effective opportunity to be heard promptly by ajudicial or other authority. A detained person shall have the right todefend himself or to be assisted by counsel as prescribed by law.
2. A detained person and his counsel, ifany, shall receive prompt and full communication of any order of detention,together with the reasons therefor.
3. A judicial or other authority shallbe empowered to review as appropriate the continuance of detention.
1. There shall be duly recorded:
(a) The reasons for the arrest; (b) Thetime of the arrest and the taking of the arrested person to a place ofcustody as well as that of his first appearance before a judicial or otherauthority;
(c) The identity of the law enforcementofficials concerned;
(d) Precise information concerning theplace of custody.
2. Such records shall be communicated tothe detained person, or his counsel, if any, in the form prescribed bylaw.
Any person shall, at the moment of arrestand at the commencement of detention or imprisonment, or promptly thereafter,be provided by the authority responsible for his arrest, detention or imprisonment,respectively with information on and an explanation of his rights and howto avail himself of such rights.
A person who does not adequately understandor speak the language used by the authorities responsible for his arrest,detention or imprisonment is entitled to receive promptly in a languagewhich he understands the information referred to in principle 10, principle11, paragraph 2, principle 12, paragraph 1, and principle 13 and to havethe assistance, free of charge, if necessary, of an interpreter in connectionwith legal proceedings subsequent to his arrest.
Notwithstanding the exceptions contained inprinciple 16, paragraph 4, and principle 18, paragraph 3, communicationof the detained or imprisoned person with the outside world, and in particularhis family or counsel, shall not be denied for more than a matter of days.
1. Promptly after arrest and after each transferfrom one place of detention or imprisonment to another, a detained or imprisonedperson shall be entitled to notify or to require the competent authorityto notify members of his family or other appropriate persons of his choiceof his arrest, detention or imprisonment or of the transfer and of theplace where he is kept in custody.
2. If a detained or imprisoned person isa foreigner, he shall also be promptly informed of his right to communicateby appropriate means with a consular post or the diplomatic mission ofthe State of which he is a national or which is otherwise entitled to receivesuch communication in accordance with international law or with the representativeof the competent international organization, if he is a refugee or is otherwiseunder the protection of an intergovernmental organization.
3. If a detained or imprisoned person isa juvenile or is incapable of understanding his entitlement, the competentauthority shall on its own initiative undertake the notification referredto in the present principle. Special attention shall be given to notifyingparents or guardians.
4. Any notification referred to in thepresent principle shall be made or permitted to be made without delay.The competent authority may however delay a notification for a reasonableperiod where exceptional needs of the investigation so require.
1. A detained person shall be entitled tohave the assistance of a legal counsel. He shall be informed of his rightby the competent authority promptly after arrest and shall be providedwith reasonable facilities for exercising it.
2. If a detained person does not have alegal counsel of his own choice, he shall be entitled to have a legal counselassigned to him by a judicial or other authority in all cases where theinterests of justice so require and without payment by him if he does nothave sufficient means to pay.
1. A detained or imprisoned person shall beentitled to communicate and consult with his legal counsel.
2. A detained or imprisoned person shallbe allowed adequate time and facilities for consultation with his legalcounsel.
3. The right of a detained or imprisonedperson to be visited by and to consult and communicate, without delay orcensorship and in full confidentiality, with his legal counsel may notbe suspended or restricted save in exceptional circumstances, to be specifiedby law or lawful regulations, when it is considered indispensable by ajudicial or other authority in order to maintain security and good order.
4. Interviews between a detained or imprisonedperson and his legal counsel may be within sight, but not within the hearing,of a law enforcement official.
5. Communications between a detained orimprisoned person and his legal counsel mentioned in the present principleshall be inadmissible as evidence against the detained or imprisoned personunless they are connected with a continuing or contemplated crime.
A detained or imprisoned person shall havethe right to be visited by and to correspond with, in particular, membersof his family and shall be given adequate opportunity to communicate withthe outside world, subject to reasonable conditions and restrictions asspecified by law or lawful regulations.
If a detained or imprisoned person so requests,he shall if possible be kept in a place of detention or imprisonment reasonablynear his usual place of residence.
1. It shall be prohibited to take undue advantageof the situation of a detained or imprisoned person for the purpose ofcompelling him to confess, to incriminate himself otherwise or to testifyagainst any other person.
2. No detained person while being interrogatedshall be subject to violence, threats or methods of interrogation whichimpair his capacity of decision or his judgement.
No detained or imprisoned person shall, evenwith his consent, be subjected to any medical or scientific experimentationwhich may be detrimental to his health.
1. The duration of any interrogation of adetained or imprisoned person and of the intervals between interrogationsas well as the identity of the officials who conducted the interrogationsand other persons present shall be recorded and certified in such formas may be prescribed by law.
2. A detained or imprisoned person, orhis counsel when provided by law, shall have access to the informationdescribed in paragraph 1 of the present principle.
A proper medical examination shall be offeredto a detained or imprisoned person as promptly as possible after his admissionto the place of detention or imprisonment, and thereafter medical careand treatment shall be provided whenever necessary. This care and treatmentshall be provided free of charge.
A detained or imprisoned person or his counselshall, subject only to reasonable conditions to ensure security and goodorder in the place of detention or imprisonment, have the right to requestor petition a judicial or other authority for a second medical examinationor opinion.
The fact that a detained or imprisoned personunderwent a medical examination, the name of the physician and the resultsof such an examination shall be duly recorded. Access to such records shallbe ensured. Modalities therefore shall be in accordance with relevant rulesof domestic law.
Non-compliance with these principles in obtainingevidence shall be taken into account in determining the admissibility ofsuch evidence against a detained or imprisoned person.
A detained or imprisoned person shall havethe right to obtain within the limits of available resources, if from publicsources, reasonable quantities of educational, cultural and informationalmaterial, subject to reasonable conditions to ensure security and goodorder in the place of detention or imprisonment.
1. In order to supervise the strict observanceof relevant laws and regulations, places of detention shall be visitedregularly by qualified and experienced persons appointed by, and responsibleto, a competent authority distinct from the authority directly in chargeof the administration of the place of detention or imprisonment.
2. A detained or imprisoned person shallhave the right to communicate freely and in full confidentiality with thepersons who visit the places of detention or imprisonment in accordancewith paragraph 1 of the present principle, subject to reasonable conditionsto ensure security and good order in such places.
1. The types of conduct of the detained orimprisoned person that constitute disciplinary offences during detentionor imprisonment, the description and duration of disciplinary punishmentthat may be inflicted and the authorities competent to impose such punishmentshall be specified by law or lawful regulations and duly published.
2. A detained or imprisoned person shallhave the right to be heard before disciplinary action is taken. He shallhave the right to bring such action to higher authorities for review.
The appropriate authorities shall endeavourto ensure, according to domestic law, assistance when needed to dependentand, in particular, minor members of the families of detained or imprisonedpersons and shall devote a particular measure of care to the appropriatecustody of children left with out supervision.
1. A detained person or his counsel shallbe entitled at any time to take proceedings according to domestic law beforea judicial or other authority to challenge the lawfulness of his detentionin order to obtain his release without delay, if it is unlawful.
2. The proceedings referred to in paragraph1 of the present principle shall be simple and expeditious and at no costfor detained persons without adequate means. The detaining authority shallproduce without unreasonable delay the detained person before the reviewingauthority.
1. A detained or imprisoned person or hiscounsel shall have the right to make a request or complaint regarding histreatment, in particular in case of torture or other cruel, inhuman ordegrading treatment, to the authorities responsible for the administrationof the place of detention and to higher authorities and, when necessary,to appropriate authorities vested with reviewing or remedial powers.
2. In those cases where neither the detainedor imprisoned person nor his counsel has the possibility to exercise hisrights under paragraph 1 of the present principle, a member of the familyof the detained or imprisoned person or any other person who has knowledgeof the case may exercise such rights.
3. Confidentiality concerning the requestor complaint shall be maintained if so requested by the complainant.
4. Every request or complaint shall bepromptly dealt with and replied to without undue delay. If the requestor complaint is rejected or, in case of inordinate delay, the complainantshall be entitled to bring it before a judicial or other authority. Neitherthe detained or imprisoned person nor any complainant under paragraph 1of the present principle shall suffer prejudice for making a request orcomplaint.
Whenever the death or disappearance of a detainedor imprisoned person occurs during his detention or imprisonment, an inquiryinto the cause of death or disappearance shall be held by a judicial orother authority, either on its own motion or at the instance of a memberof the family of such a person or any person who has knowledge of the case.When circumstances so warrant, such an inquiry shall be held on the sameprocedural basis whenever the death or disappearance occurs shortly afterthe termination of the detention or imprisonment. The findings of suchinquiry or a report thereon shall be made available upon request, unlessdoing so would jeopardize an ongoing criminal investigation.
1. Damage incurred because of acts or omissionsby a public official contrary to the rights contained in these principlesshall be compensated according to the applicable rules or liability providedby domestic law.
2. Information required to be recordedunder these principles shall be available in accordance with proceduresprovided by domestic law for use in claiming compensation under the presentprinciple.
1. A detained person suspected of or chargedwith a criminal offence shall be presumed innocent and shall be treatedas such until proved guilty according to law in a public trial at whichhe has had all the guarantees necessary for his defence.
2. The arrest or detention of such a personpending investigation and trial shall be carried out only for the purposesof the administration of justice on grounds and under conditions and proceduresspecified by law. The imposition of restrictions upon such a person whichare not strictly required for the purpose of the detention or to preventhindrance to the process of investigation or the administration of justice,or for the maintenance of security and good order in the place of detentionshall be forbidden.
A person detained on a criminal charge shallbe brought before a judicial or other authority provided by law promptlyafter his arrest. Such authority shall decide without delay upon the lawfulnessand necessity of detention. No person may be kept under detention pendinginvestigation or trial except upon the written order of such an authority.A detained person shall, when brought before such an authority, have theright to make a statement on the treatment received by him while in custody.
A person detained on a criminal charge shallbe entitled to trial within a reasonable time or to release pending trial.
Except in special cases provided for by law,a person detained on a criminal charge shall be entitled, unless a judicialor other authority decides otherwise in the interest of the administrationof justice, to release pending trial subject to the conditions that maybe imposed in accordance with the law. Such authority shall keep the necessityof detention under review.
General clause
Nothing in this Body of Principles shallbe construed as restricting or derogating from any right defined in theInternational Covenant on Civil and Political Rights.
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Office of the UnitedNations High Commissioner for Human Rights
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