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"Detainee" or "detained person" means any person deprived of
personal liberty except as a result of conviction for an offence. "Imprisoned
person" or "prisoner" means any person deprived of personal liberty
as a result of conviction for an offence.
- All persons deprived of their liberty shall be treated humanely
- Detained persons shall be held in officially recognized places. Information shall
be readily made available to the detainee's family and legal representative
- Decisions about the duration and legality of detention or imprisonment of a person
must be made by a judge or similar authority
- There shall be no discrimination in detention or imprisonment on the grounds of
race, color, gender, language, religion, political beliefs, national or social origin,
property birth or other status. Religious and moral beliefs of the detainee shall
be respected
- Different categories of prisoners are to be detained separately. Juvenile detainees
are to be kept separate from adult detainees male detainees from female detainees;
and unconvicted detainees from convicted detainees
- A detained person shall receive prompt and full information about any order of
detention including the reasons for the detention
- A detained or imprisoned person has the right to be visited by family members
and shall be given adequate opportunity to communicate with the outside world
- A detained or imprisoned person is entitled to communicate privately and in person
with his or her legal representative
- Persons detained in an armed conflict situation are entitled to communicate with
the delegate of the international committee of the Red Cross
- The place where the prisoner is kept, especially the place where the prisoner
sleeps should be designed to preserve the prisoner's health. The prisoner shall
be provided with adequate food, shelter, and clothing, as well as equal and easy
access to medical services, exercise, and items or personal hygiene
- Restriction and supervision of the prisoner are allowed only if they are necessary
for the administration of justice and for the security and good order of the place
where the prisoner is held
- Disciplinary measures administered in prison must be consistent with principles
of human rights. In particular prisoners shall:
- Be punished only in accordance with the terms of law or regulations of the competent
administrative authority
- Be punished only when they have been informed of the offence committed previously
and given a proper opportunity of presenting a defense. The competent authority
shall conduct a thorough examination of the case
- Never be punished twice for the same offence
- Never be subjected to corporal punishment, to placement in a dark cell or to other
cruel, inhumane or degrading punishment
- Tools of restraint such as handcuffs and straight-jackets must not be used for
any longer time than is necessary, and shall never be used for punishment. Situations
when such tools of restraint might be permitted are
- As a precaution against escape during a transfer, provided that they shall be
removed when the prisoner appears before a judicial or administrative authority
- On medical grounds by direction of the medical officer; and by order of the director
of the prison, if other methods of control fail, in order to prevent prisoners from
injuring themselves or others or from damaging property. In such instances the director
shall immediately consul the medical officer and report to the higher administrative
authority
- The patterns and manner of use of instruments of restraint shall be decided by
the central prison administration or a higher authority
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