Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial 6.2 The right to be treated with humanity and the right to freedom from torture The treatment of detainees and prisoners will be dealt with in further detail in Chapter 8, but in view of the frequency of recourse to torture and other ill-treatment of persons deprived of their liberty in the context of criminal investigations, it is indispensable to emphasize here that the right to freedom from torture, cruel or inhuman treatment or punishment is guaranteed by all the major treaties and by the Universal Declaration of Human Rights (art. 7 of the International Covenant on Civil and Political Rights; art. 4 of the African Charter on Human and Peoples’ Rights; art. 5(2) of the American Convention on Human Rights; art. 3 of the European Convention on Human Rights, which does not contain the term “cruel”; and art. 4 of the Universal Declaration). In some legal instruments this right is reinforced, for persons deprived of their liberty, by the right to be treated with humanity and with respect for the inherent dignity of the human person (art. 10(1) of the Covenant; art. 5(2) of the American Convention). Given the gravity of the practice of torture, from which no part of the world is free, treaties aimed at efficiently promoting the abolition of this illegal practice have been elaborated under the auspices of the United Nations and two regional organizations, namely, the OAS and the Council of Europe.54 The rights of persons during investigation are also dealt with in article 55 of the Statute of the International Criminal Court. Article 55(1)(b) thus provides that a person under investigation shall “not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment”. In the course of criminal investigations and judicial proceedings, the universal and non-derogable prohibition on torture and other inhuman or degrading treatment or punishment is consequently to be respected at all times, without exception even in the direst of circumstances.55 This means that persons arrested, detained, or otherwise in the hands of police or prosecuting authorities for purposes of interrogation into alleged criminal activities, either as suspects or as witnesses, have the right always to be treated with humanity and without being subjected to any psychological or physical violence, duress or intimidation. As will be shown below, the use of any confession extracted under duress is unlawful under international human rights law. This is in particular stated expressis verbis in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 54 See the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984; the Inter-American Convention to Prevent and Punish Torture, 1985; and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 1987. 55 See e.g. article 4(2) of the International Covenant on Civil and Political Rights; article 27(2) of the American Convention on Human Rights; article 15(2) of the European Convention on Human Rights; article 2(2) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ; and article 5 of the Inter-American Convention to Prevent and Punish Torture. 230 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers