Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
In order to be able to contribute to ensuring the full exercise of the right to
freedom from torture and other forms of ill-treatment, judges, prosecutors
and lawyers must be allowed to pursue their work efficiently and
independently.
3.
Legal Requirements as to Places
of Detention and Registration of
Detainees and Prisoners
3.1 Official recognition of all places of detention
In order to protect the personal security of persons deprived of their liberty,
they must be held exclusively in officially recognized places of detention. The
obligation of States to comply with this legal duty is recognized both by the
international monitoring organs and in various legal instruments. For instance, in
General Comment No. 20 on article 7 of the International Covenant on Civil and
Political Rights, the Human Rights Committee stated that:
“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.”67
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 contain similar
requirements with regard to the holding of detained persons in officially recognized
places of detention. Principle 12(1)(d) of the Body of Principles for the Protection of
All Persons under any Form of Detention or Imprisonment provides that there shall be
duly recorded “precise information concerning the place of custody”.
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At the regional level, article XI of the Inter-American Convention on the
Forced Disappearance of Persons stipulates, inter alia, that “every person deprived of
liberty shall be held in an officially recognized place of detention...”. The
Inter-American Court of Human Rights has had to deal with numerous cases involving
disappeared persons, disappearances that have been made possible because of the
failure by the respondent State to comply with the basic guarantees against arbitrary
67 United Nations Compilation of General Comments, p. 140, para. 11.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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