Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention “To guarantee the effective protection of detained persons, provisions should be made for detainees to be held in places officially recognized as places of detention and for their names and places of detention, as well as for the names of persons responsible for their detention, to be kept in registers readily available and accessible to those concerned, including relatives and friends. To the same effect, the time and place of all interrogations should be recorded, together with the names of all those present and this information should also be available for purposes of judicial or administrative proceedings.”36 Principle 12 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, article 10 of the Declaration on the Protection of All Persons from Enforced Disappearance, and Principle 6 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions also contain similar requirements with regard, inter alia, to the holding of detained people in officially recognized places of detention and the registration of all relevant information concerning the person deprived of his liberty. ***** While accepting that “the State has the right and duty to guarantee its security”, the Inter-American Court of Human Rights has emphasized that the State is also “subject to law and morality” and that “disrespect for human dignity cannot serve as the basis for any State action”; it follows that “forced disappearance of human beings is a multiple and continuous violation of many rights under the Convention that the States parties are obligated to respect and guarantee. The kidnapping of a person is an arbitrary deprivation of liberty, an infringement of a detainee’s right to be taken without delay before a judge and to invoke the appropriate procedures to review the legality of the arrest, all in violation of article 7 of the Convention.”37 ***** The European Court of Human Rights has frequently emphasized the fundamental importance of the guarantees contained in article 5 of the European Convention “for securing the rights of individuals in a democracy to be free from arbitrary detention at the hands of the authorities”, further stressing that “the unacknowledged detention of an individual is a complete negation of these guarantees and discloses a most grave violation of Article 5. Given the responsibility of the authorities to account for individuals under their control, article 5 requires them to take effective measures to safeguard against the risk of disappearance and to conduct a prompt and effective investigation into an arguable claim that a person has been taken into custody and has not been seen since.”38 36 United Nations Compilation of General Comments, p. 140, para. 11. 37 I-A Court HR, Godinez Cruz Case, judgment of January 20, 1989, Series C, No. 5, pp. 144-145, paras. 162-163; and also the Velásquez Rodríguez Case, judgment of July 29, 1988, Series C, No. 4, pp. 146-147, paras. 154-155. 38 Eur. Court HR, Case of Çakici v. Turkey, judgment of 8 July 1999, Reports 1999-IV, p. 615, para. 104; emphasis added. 170 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers