liberty; respect for the dignity of such persons must be guaranteed under the
same conditions as for that of free persons. Persons deprived of their
liberty enjoy all the rights set forth in the Covenant, subject to the
restrictions that are unavoidable in a closed environment.
4.
Treating all persons deprived of their liberty with humanity and with
respect for their dignity is a fundamental and universally applicable rule.
Consequently, the application of this rule, as a minimum, cannot be dependent
on the material resources available in the State party. This rule must be
applied without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status.
5.
States parties are invited to indicate in their reports to what extent
they are applying the relevant United Nations standards applicable to the
treatment of prisoners: the Standard Minimum Rules for the Treatment of
Prisoners (1957), the Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment (1988), the Code of Conduct for
Law Enforcement Officials (3.978) and the Principles of Medical Ethics relevant
to the role of health personnel, particularly physicians, in the protection of
prisoners and detainees against torture and other cruel, inhuman or degrading
treatment or punishment (1982).
6.
The Committee recalls that reports should provide detailed information on
national legislative and administrative provisions that have a bearing on the
right provided for in article 10, paragraph 1. The Committee also considers
that it is necessary for reports to specify what concrete measures have been
taken by the competent authorities to monitor the effective application of the
rules regarding the treatment of persons deprived of their liberty. States
parties should include in their reports information concerning the system for
supervising penitentiary establishments, the specific measures to prevent
torture and cruel, inhuman or degrading treatment, and how impartial
supervision is ensured.
7.
Furthermore, the Committee recalls that reports should indicate whether
the various applicable provisions form an integral part of the instruction and
training of the personnel who have authority over persons deprived of their
liberty and whether they are strictly adhered to by such personnel in the
discharge of their duties. It would also be appropriate to specify whether
arrested or detained persons have access to such information and have
effective legal means enabling them to ensure that those rules are respected,
to complain if the rules are ignored and to obtain adequate compensation in
the event of a violation.
8.
The Committee recalls that the principle set forth in article 10,
paragraph 1, constitutes the basis for the more specific obligations of States
parties in respect of criminal justice, which are set forth in article 10,
paragraphs 2 and 3.
9.
Article 10, paragraph 2 (a), provides for the segregation, save in
exceptional circumstances, of accused persons from convicted ones. Such
segregation is required in order to emphasize their status as unconvicted
persons who at the same time enjoy the right to be presumed innocent as stated
in article 14, paragraph 2. The reports of States parties should indicate how
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