NCJ Number
64959
Date Published
1975
Length
41 pages
Annotation
RESULTS ARE REPORTED FROM A UNITED NATIONS SURVEY OF MEMBER COUNTRIES REGARDING THEIR LAWS TO PREVENT TORTURE AND OTHERWISE CRUEL AND DEGRADING TREATMENT ASSOCIATED WITH DETENTION AND IMPRISONMENT.
Abstract
THIS SUMMARY OF SURVEY RESULTS PROVIDES GENERAL STATEMENTS ABOUT RELEVANT LAWS OF THE RESPONDING COUNTRIES, WITH SELECTED DESCRIPTIONS OF THE LAWS OF PARTICULAR NATIONS. NATIONAL LAWS ARE COMPARED TO STATEMENTS OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. ALSO REPORTED ARE OBSERVATIONS AND COMMENTS BY MEMBER GOVERNMENTS ON ARTICLES 24 THROUGH 27 OF THE DRAFT PRINCIPLES ON FREEDOM FROM ARBITRARY ARREST AND DETENTION. THE CONSTITUTIONS AND STATUTES OF MOST RESPONDENT NATIONS RECOGNIZE THAT PERSONS CHARGED WITH A PENAL OFFENSE HAVE THE RIGHT TO BE PRESUMED INNOCENT UNTIL PROVED GUILTY ACCORDING TO LAW. MOST OF THE COUNTRIES SURVEYED ALSO HAVE STATUTES SPECIFYING GROUNDS FOR ARREST AND PRETRIAL DETENTION, RIGHTS OF THE ARRESTED OR DETAINED PERSON IN CONNECTION WITH THE INVESTIGATION, PROTECTION AGAINST IMPROPER METHODS OF INTERROGATION, AND TREATMENT WHILE IN CUSTODY. RESPONDENTS ALSO HAVE REMEDIES AND SANCTIONS RELATED TO PROCEDURES TO TERMINATE ILLEGAL DETENTION, EXCLUSION OF CONFESSIONS OBTAINED ILLEGALLY AND ANNULMENT OF PROCEEDINGS, CIVIL REMEDIES AND STATE COMPENSATION, DISCIPLINARY SANCTIONS, AND PENAL SANCTIONS. RESPONDING GOVERNMENTS ARE IN GENERAL AGREEMENT WITH THE CONCEPTS THAT FORM THE BASIS OF ARTICLES 24 THROUGH 27 OF THE DRAFT PRINCIPLES ON FREEDOM FROM ARBITRARY ARREST AND DETENTION. (RCB)