Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention
In view of the fact that people arrested and detained are at particular
risk of being subjected to torture or other ill-treatment, and even of being made to
disappear and killed in the first hours and days following their deprivation of
liberty, the question arises whether it should ever be lawful to permit
incommunicado detention.
Brief incommunicado detention, that is, deprivation of liberty for a
short period of time in complete isolation from the outside world,
including family and lawyer, does not per se appear to be illegal under
international human rights law, but it cannot be used in order to bar the
detainee from exercising his or her rights as an arrested or detained
person.
10. Concluding Remarks
This chapter has provided an account of the basic international legal rules that
regulate States’ power to resort to arrests and detentions and the legal guarantees that
exist aimed at preventing unlawful and arbitrary deprivations of liberty. At the general
level, adherence to these rules is a sine qua non in a democratic society governed by the
rule of law, and, at the individual level, compliance therewith is an indispensable
condition for ensuring respect for the rights and freedoms of the individual human
being, including, in particular, respect for his or her physical and mental integrity. By
effectively guaranteeing everyone’s right to personal liberty and security at all times,
States will also be promoting their own internal security, without which human rights
cannot be enjoyed to the full.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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