Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty Relevant Legal Instruments (cont.d) l l l l l l Regional Instruments African Charter on Human and Peoples’ Rights, 1981 American Convention on Human Rights, 1969 Inter-American Convention to Prevent and Punish Torture, 1985 Inter-American Convention on the Forced Disappearance of Persons, 1994 European Convention on Human Rights, 1950 European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 1987 Introduction This chapter explains the principal international legal rules governing the treatment of persons deprived of their liberty and will also provide examples of how these legal rules have been interpreted by the international monitoring organs. The treatment of all categories of detainees and prisoners remains a major challenge in the area of overall improvement in respect for the human person. Placed in a situation of inferiority and weakness, a person who is arrested, in pre-trial detention or serving a prison sentence upon conviction is to a considerable extent left to the mercy of the police and prison officials. The detainee or prisoner is virtually cut off from outside life, and thus also vulnerable to treatment violating his or her rights. The continuing widespread use of torture and other inhuman or degrading treatment or punishment of these categories of people, whose cries for help in moments of pain can be heard by nobody except fellow inmates, constitutes an intolerable insult to human dignity. International human rights law does however contain strict rules about the treatment of detainees and prisoners which are applicable at all times, and States are under a legal duty to take the necessary legislative and practical measures to put an end to all practices that violate these rules. In this respect, the task of judges, prosecutors and lawyers is of primordial importance in contributing to an increased respect for the legal rules that will help safeguard the life, security and dignity of people deprived of their liberty. In their daily work, these legal professions, when faced with people suspected or accused of criminal activities, will have to exercise constant vigilance for signs of torture, forced confessions under ill-treatment or duress, and any other kind of physical or mental hardship. Judges, prosecutors and lawyers thus have not just a key role in this regard, but also a professional duty to ensure the effective implementation of the existing domestic and international rules for the protection of the rights of people deprived of their liberty. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 317