Adopted by General Assembly resolution
43/173 of 9 December 1988
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" means 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.
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.
* 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.
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 10
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 11
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 consultation 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 therefore 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
1 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 with out
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 1 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 or
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.
