CCPR/C/GC/35
person such as prolonged arbitrary detention may amount to inhuman treatment prohibited
by article 7 of the Covenant.163
58.
Several safeguards that are essential for the prevention of torture are also necessary
for the protection of persons in any form of detention against arbitrary detention and
infringement of personal security. 164 The following examples are non-exhaustive. Detainees
should be held only in facilities officially acknowledged as places of detention. A
centralized official register should be kept of the names and places of detention, and times
of arrival and departure, as well as of the names of persons responsible for their detention,
and made readily available and accessible to those concerned, including relatives. 165 Prompt
and regular access should be given to independent medical personnel and lawyers and,
under appropriate supervision when the legitimate purpose of the detention so requires, to
family members.166 Detainees should be promptly informed of their rights, in a language
they understand;167 providing information leaflets in the appropriate language, including in
Braille, may often assist the detainee in retaining the information. Detained foreign
nationals should be informed of their right to communicate with their consular authorities,
or, in the case of asylum seekers, with the Office of the United Nations High Commissioner
for Refugees.168 Independent and impartial mechanisms should be established for visiting
and inspecting all places of detention, including mental-health institutions.
59.
Article 10 of the Covenant, which addresses conditions of detention for persons
deprived of liberty, complements article 9, which primarily addresses the fact of detention.
At the same time, the right to personal security in article 9, paragraph 1, is relevant to the
treatment of both detained and non-detained persons. The appropriateness of the conditions
prevailing in detention to the purpose of detention is sometimes a factor in determining
whether detention is arbitrary within the meaning of article 9.169 Certain conditions of
detention (such as denial of access to counsel and family) may result in procedural
violations of paragraphs 3 and 4 of article 9. Article 10, paragraph 2 (b), reinforces for
juveniles the requirement in article 9, paragraph 3, that pretrial detainees be brought to trial
expeditiously.
60.
The liberty of movement protected by article 12 of the Covenant and the liberty of
person protected by article 9 complement each other. Detention is a particularly severe
form of restriction of liberty of movement, but in some circumstances both articles may
come into play together. 170 Detention in the course of transporting a migrant involuntarily,
is often used as a means of enforcing restrictions on freedom of movement. Article 9
addresses such uses of detention in the implementation of expulsion, deportation or
extradition.
61.
The relationship between article 9 and article 14 of the Covenant, regarding civil and
criminal trials, has already been illustrated.171 Article 9 addresses deprivation of liberty,
163
164
165
166
167
168
169
170
171
General comment No. 31, para. 12.
General comment No. 20, para. 11; Committee against Torture, general comment No. 2, para. 13.
See concluding observations: Algeria (CCPR/C/DZA/CO/3, 2007), para. 11.
See Body of Principles (note 102 above), principles 17–19 and 24; Committee on the Rights of the
Child, general comment No. 10, para. 87.
See Body of Principles (note 102 above), principles 13–14; United Nations Rules for the Protection of
Juveniles Deprived of their Liberty, paras. 24–25, adopted by the General Assembly in its
resolution 45/113 (regarding explanation of rights to detained juveniles).
See Body of Principles (note 102 above), principle 16, para. 2.
See paragraphs 14, 18 and 21 above.
General comment No. 27, para. 7; 1134/2002, Gorji-Dinka v. Cameroon, para. 5.4–5.5 (house arrest);
138/1983, Mpandanjila et al. v. Zaire, paras. 8 and 10.
See paragraphs 38 and 53 above.
17