Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
In the case of Çakici, the lack of records of the applicant – who was held in
unacknowledged detention – disclosed “a serious failing”, which was aggravated by the
“findings as to the general unreliability and inaccuracy” of the custody records in
question. The Court found “unacceptable the failure to keep records which enable the
location of a detainee to be established at a particular time”.72 Consequently, there was a
particularly grave violation of article 5 of the European Convention in this case.
All persons deprived of their liberty must be held exclusively in officially
recognized places of detention. Registers must be kept at every place of
detention with detailed and reliable information, inter alia as to the name
of the detained persons, the reasons for their detention, the time of arrival,
departure and transfer, and the names of the persons responsible for their
detention and imprisonment. Such registers must at all times be readily
available to all persons concerned, such as legal counsel and family
members, to whom the relevant records should also be communicated ex
officio.
4.
Conditions of Detention
and Imprisonment
4.1 Basic principles governing detention
and imprisonment
The following essential principles regarding the treatment of persons
deprived of their liberty condition, among others, all the issues dealt with in this section.
In the first place, and as already indicated above, all persons deprived of their
liberty “shall be treated with humanity and with respect for the inherent dignity
of the human person” (art. 10(1) of the International Covenant, and see also art. 5(2)
of the American Convention which, however, makes no reference to “humanity”; see
further Principle 1 of the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment and Principle 1 of the Basic Principles for the
Treatment of Prisoners; emphasis added).
With regard to article 10(1) of the International Covenant, the Human Rights
Committee has stated that, in addition to the prohibition of ill-treatment and
experimentation in article 7, persons deprived of their liberty may not “be subjected to
any hardship or constraint other than that resulting from the deprivation of liberty”,
and that “respect for the dignity of such persons must be guaranteed under the same
conditions as for that of free persons”. This means that “persons deprived of their
72 Ibid., loc. cit.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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