Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
detention, including the duty only to hold persons deprived of their liberty in officially
recognized places of detention. As stressed by the Inter-American Court of Human
Rights, the “forced disappearance of human beings is a multiple and continuous
violation of many rights under the [Inter-American] Convention [on Human Rights]
that the States Parties are obligated to respect and guarantee”, such as those contained
in articles 7, 5 and 4 in conjunction with article 1(1).68
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The European Court of Human Rights has underlined that “the
unacknowledged detention of an individual is a complete negation” of the guarantees
against arbitrary detention contained in article 5 of the European Convention on
Human Rights and that it “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”.69
3.2 Registration of detainees and prisoners
In addition to the requirement that persons deprived of their liberty must be
held in officially recognized places of detention, the Human Rights Committee has held
that provision must also be made 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”.70
This duty is also spelled out in Rule 7(1) of the Standard Minimum Rules for
the Treatment of Prisoners, according to which:
“(1) In every place where persons are imprisoned there shall be kept a
bound registration book with numbered pages in which shall be entered in
respect of each prisoner received:
(a) Information concerning his identity;
(b) The reasons for his commitment and the authority therefor;
(c) The day and hour of his admission and release.”
Principle 12(1) 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:
(a) The reasons for the arrest;
(b) The time of the arrest and the taking of the arrested person to a
place of custody as well as that of his first appearance before a
judicial or other authority;
68 See e.g. I-A Court HR, Velásquez Rodríguez case, judgment of July 29, 1998, Series C, No. 4, p. 147, para. 155 and pp. 162-163,
para. 194.
69 Eur. Court HR, Case of Çakici v. Turkey, judgment of 8 July 1999, Reports 1999-IV, p. 615, para. 104; emphasis added.
70 General Comment No. 20, in United Nations Compilation of General Comments, p. 140, para.11.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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