Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
(c) The identity of the law enforcement officials concerned;
(d) Precise information concerning the place of custody.”
Moreover, according to Principle 12(2) of the Body of Principles, “such
records shall be communicated to the detained person, or his counsel, if any, in the
form prescribed by law.”
Article 10 of the Declaration on the Protection of All Persons from Enforced
Disappearance goes even further in this respect by stipulating with regard to any person
deprived of liberty that:
“2. Accurate information on the detention of such persons and their
place or places of detention, including transfers, shall be made promptly
available to their family members, their counsel or to any other persons
having a legitimate interest in the information unless a wish to the contrary
has been manifested by the persons concerned.
3.
An official up-to-date register of all persons deprived of their liberty
shall be maintained in every place of detention. Additionally, each State
shall take steps to maintain similar centralized registers. The information
contained in these registers shall be made available to the persons
mentioned in the preceding paragraph, to any judicial or other competent
and independent national authority and to any other competent authority
entitled under the law of the State concerned or any international legal
instrument to which a State concerned is a party, seeking to trace the
whereabouts of a detained person.”
*****
The Inter-American Convention on the Forced Disappearance of Persons
was elaborated in response to the tens of thousands of persons who disappeared in the
Americas in the 1970s and 1980s. Article XI thereof provides that:
“The States Parties shall establish and maintain official up-to-date
registries of their detainees and, in accordance with their domestic law,
shall make them available to relatives, judges, attorneys, any other person
having a legitimate interest, and other authorities.”
*****
With regard to the European Convention on Human Rights, the European
Court has specified that:
“The recording of accurate holding data concerning the date, time and
location of detainees, as well as the grounds for the detention and the name
of the persons effecting it, is necessary for the detention of an individual to
be compatible with the requirements of lawfulness for the purposes of
Article 5 § 1”.71
71 Eur. Court HR, Case of Çakici v. Turkey, judgment of 8 July 1999, Reports 1999-IV, para. 105 at p. 616.
336
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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