| United Nations | A/RES/43/173 |
General Assembly
Distr. GENERAL
9 December 1988
ORIGINAL:
ENGLISH
A/RES/43/173
76th plenary meeting
9 December 1988
43/173. Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment
The General Assembly,
Recalling its resolution 35/177 of 15 December 1980, in which it referred
the task of elaborating the draft Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment to the Sixth Committee and
decided to establish an open-ended working group for that purpose,
Taking note of the report of the Working Group on the Draft Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, which met during the forty-third session of the General Assembly
and completed the elaboration of the draft Body of Principles,
Considering that the Working Group decided to submit the text of the
draft Body of Principles to the Sixth Committee for its consideration and
adoption,
Convinced that the adoption of the draft Body of Principles would make an
important contribution to the protection of human rights,
Considering the need to ensure the wide dissemination of the text of the
Body of Principles,
1. Approves the Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment, the text of which is annexed to
the present resolution;
2. Expresses its appreciation to the Working Group on the Draft Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment for its important contribution to the elaboration of the Body of
Principles;
3. Requests the Secretary-General to inform the States Members of the
United Nations or members of specialized agencies of the adoption of the Body
of Principles;
4. Urges that every effort be made so that the Body of Principles
becomes generally known and respected.
ANNEX
Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment
Scope of the Body of Principles
These principles apply for the protection of all persons under any form
of detention or imprisonment.
Use of terms
For the purposes of the Body of Principles:
(a) "Arrest" means the act of apprehending a person for the alleged
commission of an offence or by the action of an authority;
(b) "Detained person" means any person deprived of personal liberty
except as a result of conviction for an offence;
(c) "Imprisoned person" means any person deprived of personal liberty as
a result of conviction for an offence;
(d) "Detention" means the condition of detained persons as defined
above;
(e) "Imprisonment" means the condition of imprisoned persons as defined
above;
(f) The words "a judicial or other authority" mean a judicial or other
authority under the law whose status and tenure should afford the strongest
possible guarantees of competence, impartiality and independence.
Principle 1
All persons under any form of detention or imprisonment shall be treated
in a humane manner and with respect for the inherent dignity of the human
person.
Principle 2
Arrest, detention or imprisonment shall only be carried out strictly in
accordance with the provisions of the law and by competent officials or
persons authorized for that purpose.
Principle 3
There shall be no restriction upon or derogation from any of the human
rights of persons under any form of detention or imprisonment recognized or
existing in any State pursuant to law, conventions, regulations or custom on
the pretext that this Body of Principles does not recognize such rights or
that it recognizes them to a lesser extent.
Principle 4
Any form of detention or imprisonment and all measures affecting the
human rights of a person under any form of detention or imprisonment shall be
ordered by, or be subject to the effective control of, a judicial or other
authority.
Principle 5
1. These principles shall be applied to all persons within the territory of
any given State, without distinction of any kind, such as race, colour, sex,
language, religion or religious belief, political or other opinion, national,
ethnic or social origin, property, birth or other status.
2. Measures applied under the law and designed solely to protect the rights
and special status of women, especially pregnant women and nursing mothers,
children and juveniles, aged, sick or handicapped persons shall not be deemed
to be discriminatory. The need for, and the application of, such measures
shall always be subject to review by a judicial or other authority.
Principle 6
No person under any form of detention or imprisonment shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment.* No
circumstance whatever may be invoked as a justification for torture or other
cruel, inhuman or degrading treatment or punishment.
* The term "cruel, inhuman or degrading treatment or punishment"
should be interpreted so as to extend the widest possible protection against
abuses, whether physical or mental, including the holding of a detained or
imprisoned person in conditions which deprive him, temporarily or permanently,
of the use of any of his natural senses, such as sight or hearing, or of his
awareness of place and the passing of time.
Principle 7
1. States should prohibit by law any act contrary to the rights and duties
contained in these principles, make any such act subject to appropriate
sanctions and conduct impartial investigations upon complaints.
2. Officials who have reason to believe that a violation of this Body of
Principles has occurred or is about to occur shall report the matter to their
superior authorities and, where necessary, to other appropriate authorities or
organs vested with reviewing or remedial powers.
3. Any other person who has ground to believe that a violation of this Body
of Principles has occurred or is about to occur shall have the right to report
the matter to the superiors of the officials involved as well as to other
appropriate authorities or organs vested with reviewing or remedial powers.
Principle 8
Persons in detention shall be subject to treatment appropriate to their
unconvicted status. Accordingly, they shall, whenever possible, be kept
separate from imprisoned persons.
Principle 9
The authorities which arrest a person, keep him under detention or
investigate the case shall exercise only the powers granted to them under the
law and the exercise of these powers shall be subject to recourse to a
judicial or other authority.
Principle l0
Anyone who is arrested shall be informed at the time of his arrest of the
reason for his arrest and shall be promptly informed of any charges against
him.
Principle ll
1. A person shall not be kept in detention without being given an effective
opportunity to be heard promptly by a judicial or other authority. A detained
person shall have the right to defend himself or to be assisted by counsel as
prescribed by law.
2. A detained person and his counsel, if any, shall receive prompt and full
communication of any order of detention, together with the reasons therefor.
3. A judicial or other authority shall be empowered to review as appropriate
the continuance of detention.
Principle 12
1. 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;
(c) The identity of the law enforcement officials concerned;
(d) Precise information concerning the place of custody.
2. Such records shall be communicated to the detained person, or his
counsel, if any, in the form prescribed by law.
Principle 13
Any person shall, at the moment of arrest and at the commencement of
detention or imprisonment, or promptly thereafter, be provided by the
authority responsible for his arrest, detention or imprisonment, respectively,
with information on and an explanation of his rights and how to avail himself
of such rights.
Principle 14
A person who does not adequately understand or speak the language used by
the authorities responsible for his arrest, detention or imprisonment is
entitled to receive promptly in a language which he understands the
information referred to in principle 10, principle 11, paragraph 2,
principle 12, paragraph 1, and principle 13 and to have the assistance, free
of charge, if necessary, of an interpreter in connection with legal
proceedings subsequent to his arrest.
Principle 15
Notwithstanding the exceptions contained in principle 16, paragraph 4,
and principle 18, paragraph 3, communication of the detained or imprisoned
person with the outside world, and in particular his family or counsel, shall
not be denied for more than a matter of days.
Principle 16
1. Promptly after arrest and after each transfer from one place of detention
or imprisonment to another, a detained or imprisoned person shall be entitled
to notify or to require the competent authority to notify members of his
family or other appropriate persons of his choice of his arrest, detention or
imprisonment or of the transfer and of the place where he is kept in custody.
2. If a detained or imprisoned person is a foreigner, he shall also be
promptly informed of his right to communicate by appropriate means with a
consular post or the diplomatic mission of the State of which he is a national
or which is otherwise entitled to receive such communication in accordance
with international law or with the representative of the competent
international organization, if he is a refugee or is otherwise under the
protection of an intergovernmental organization.
3. If a detained or imprisoned person is a juvenile or is incapable of
understanding his entitlement, the competent authority shall on its own
initiative undertake the notification referred to in the present principle.
Special attention shall be given to notifying parents or guardians.
4. Any notification referred to in the present principle shall be made or
permitted to be made without delay. The competent authority may however delay
a notification for a reasonable period where exceptional needs of the
investigation so require.
Principle 17
1. A detained person shall be entitled to have the assistance of a legal
counsel. He shall be informed of his right by the competent authority
promptly after arrest and shall be provided with reasonable facilities for
exercising it.
2. If a detained person does not have a legal counsel of his own choice, he
shall be entitled to have a legal counsel assigned to him by a judicial or
other authority in all cases where the interests of justice so require and
without payment by him if he does not have sufficient means to pay.
Principle 18
1. A detained or imprisoned person shall be entitled to communicate and
consult with his legal counsel.
2. A detained or imprisoned person shall be allowed adequate time and
facilities for consultations with his legal counsel.
3. The right of a detained or imprisoned person to be visited by and to
consult and communicate, without delay or censorship and in full
confidentiality, with his legal counsel may not be suspended or restricted
save in exceptional circumstances, to be specified by law or lawful
regulations, when it is considered indispensable by a judicial or other
authority in order to maintain security and good order.
4. Interviews between a detained or imprisoned person and his legal counsel
may be within sight, but not within the hearing, of a law enforcement
official.
5. Communications between a detained or imprisoned person and his legal
counsel mentioned in the present principle shall be inadmissible as evidence
against the detained or imprisoned person unless they are connected with a
continuing or contemplated crime.
Principle 19
A detained or imprisoned person shall have the right to be visited by and
to correspond with, in particular, members of his family and shall be given
adequate opportunity to communicate with the outside world, subject to
reasonable conditions and restrictions as specified by law or lawful
regulations.
Principle 20
If a detained or imprisoned person so requests, he shall if possible be
kept in a place of detention or imprisonment reasonably near his usual place
of residence.
Principle 21
1. It shall be prohibited to take undue advantage of the situation of a
detained or imprisoned person for the purpose of compelling him to confess, to
incriminate himself otherwise or to testify against any other person.
2. No detained person while being interrogated shall be subject to violence,
threats or methods of interrogation which impair his capacity of decision or
his judgement.
Principle 22
No detained or imprisoned person shall, even with his consent, be
subjected to any medical or scientific experimentation which may be
detrimental to his health.
Principle 23
1. The duration of any interrogation of a detained or imprisoned person and
of the intervals between interrogations as well as the identity of the
officials who conducted the interrogations and other persons present shall be
recorded and certified in such form as may be prescribed by law.
2. A detained or imprisoned person, or his counsel when provided by law,
shall have access to the information described in paragraph 1 of the present
principle.
Principle 24
A proper medical examination shall be offered to a detained or imprisoned
person as promptly as possible after his admission to the place of detention
or imprisonment, and thereafter medical care and treatment shall be provided
whenever necessary. This care and treatment shall be provided free of charge.
Principle 25
A detained or imprisoned person or his counsel shall, subject only to
reasonable conditions to ensure security and good order in the place of
detention or imprisonment, have the right to request or petition a judicial or
other authority for a second medical examination or opinion.
Principle 26
The fact that a detained or imprisoned person underwent a medical
examination, the name of the physician and the results of such an examination
shall be duly recorded. Access to such records shall be ensured. Modalities
therefor shall be in accordance with relevant rules of domestic law.
Principle 27
Non-compliance with these principles in obtaining evidence shall be taken
into account in determining the admissibility of such evidence against a
detained or imprisoned person.
Principle 28
A detained or imprisoned person shall have the right to obtain within the
limits of available resources, if from public sources, reasonable quantities
of educational, cultural and informational material, subject to reasonable
conditions to ensure security and good order in the place of detention or
imprisonment.
Principle 29
1. In order to supervise the strict observance of relevant laws and
regulations, places of detention shall be visited regularly by qualified and
experienced persons appointed by, and responsible to, a competent authority
distinct from the authority directly in charge of the administration of the
place of detention or imprisonment.
2. A detained or imprisoned person shall have the right to communicate
freely and in full confidentiality with the persons who visit the places of
detention or imprisonment in accordance with paragraph l of the present
principle, subject to reasonable conditions to ensure security and good order
in such places.
Principle 30
1. The types of conduct of the detained or imprisoned person that constitute
disciplinary offences during detention or imprisonment, the description and
duration of disciplinary punishment that may be inflicted and the authorities
competent to impose such punishment shall be specified by law or lawful
regulations and duly published.
2. A detained or imprisoned person shall have the right to be heard before
disciplinary action is taken. He shall have the right to bring such action to
higher authorities for review.
Principle 31
The appropriate authorities shall endeavour to ensure, according to
domestic law, assistance when needed to dependent and, in particular, minor
members of the families of detained or imprisoned persons and shall devote a
particular measure of care to the appropriate custody of children left without
supervision.
Principle 32
1. A detained person or his counsel shall be entitled at any time to take
proceedings according to domestic law before a judicial or other authority to
challenge the lawfulness of his detention in order to obtain his release
without delay, if it is unlawful.
2. The proceedings referred to in paragraph l of the present principle shall
be simple and expeditious and at no cost for detained persons without adequate
means. The detaining authority shall produce without unreasonable delay the
detained person before the reviewing authority.
Principle 33
1. A detained or imprisoned person or his counsel shall have the right to
make a request or complaint regarding his treatment, in particular in case of
torture or other cruel, inhuman or degrading treatment, to the authorities
responsible for the administration of the place of detention and to higher
authorities and, when necessary, to appropriate authorities vested with
reviewing or remedial powers.
2. In those cases where neither the detained or imprisoned person nor his
counsel has the possibility to exercise his rights under paragraph 1 of the
present principle, a member of the family of the detained or imprisoned person
or any other person who has knowledge of the case may exercise such rights.
3. Confidentiality concerning the request or complaint shall be maintained
if so requested by the complainant.
4. Every request or complaint shall be promptly dealt with and replied to
without undue delay. If the request or complaint is rejected or, in case of
inordinate delay, the complainant shall be entitled to bring it before a
judicial or other authority. Neither the detained or imprisoned person nor
any complainant under paragraph 1 of the present principle shall suffer
prejudice for making a request or complaint.
Principle 34
Whenever the death or disappearance of a detained or imprisoned person
occurs during his detention or imprisonment, an inquiry into the cause of
death or disappearance shall be held by a judicial or other authority, either
on its own motion or at the instance of a member of the family of such a
person or any person who has knowledge of the case. When circumstances so
warrant, such an inquiry shall be held on the same procedural basis whenever
the death or disappearance occurs shortly after the termination of the
detention or imprisonment. The findings of such inquiry or a report thereon
shall be made available upon request, unless doing so would jeopardize an
ongoing criminal investigation.
Principle 35
1. Damage incurred because of acts or omissions by a public official
contrary to the rights contained in these principles shall be compensated
according to the applicable rules on liability provided by domestic law.
2. Information required to be recorded under these principles shall be
available in accordance with procedures provided by domestic law for use in
claiming compensation under the present principle.
Principle 36
1. A detained person suspected of or charged with a criminal offence shall
be presumed innocent and shall be treated as such until proved guilty
according to law in a public trial at which he has had all the guarantees
necessary for his defence.
2. The arrest or detention of such a person pending investigation and trial
shall be carried out only for the purposes of the administration of justice on
grounds and under conditions and procedures specified by law. The imposition
of restrictions upon such a person which are not strictly required for the
purpose of the detention or to prevent hindrance to the process of
investigation or the administration of justice, or for the maintenance of
security and good order in the place of detention shall be forbidden.
Principle 37
A person detained on a criminal charge shall be brought before a judicial
or other authority provided by law promptly after his arrest. Such authority
shall decide without delay upon the lawfulness and necessity of detention. No
person may be kept under detention pending investigation or trial except upon
the written order of such an authority. A detained person shall, when brought
before such an authority, have the right to make a statement on the treatment
received by him while in custody.
Principle 38
A person detained on a criminal charge shall be entitled to trial within
a reasonable time or to release pending trial.
Principle 39
Except in special cases provided for by law, a person detained on a
criminal charge shall be entitled, unless a judicial or other authority
decides otherwise in the interest of the administration of justice, to release
pending trial subject to the conditions that may be imposed in accordance with
the law. Such authority shall keep the necessity of detention under review.
General clause
Nothing in this Body of Principles shall be construed as restricting or
derogating from any right defined in the International Covenant on Civil and
Political Rights.