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Humane treatment for non-delinquent detainees
Published online by Cambridge University Press: 23 November 2010
Extract
Some time ago, the International Committee of the Red Cross suggested to the Medico-Legal Commission of Monaco to study the important question of humane treatment due to persons deprived of their freedom for reasons unconnected with common penal law. It was a question of filling a gap in the form of a guide determining the principles aimed at regulating conditions of detention in a humane manner.
- Type
- Research Article
- Information
- International Review of the Red Cross (1961 - 1997) , Volume 7 , Issue 77 , August 1967 , pp. 403 - 416
- Copyright
- Copyright © International Committee of the Red Cross 1967
References
page 1 note 403 Published by the Commission Médico-Juridique de Monaco, Palais de Monaco, No.14.
page 1 note 405 Cf. Graven, , “La répression pénale des infractions aux Conventions de Genève ”, Revue Internationale de criminologie et de police technique 1956, p. 262 Google Scholar. This very clear statement of principle enabled the ICRC to carry out a large number of effective actions, such as in Guatemala, Kenya, Algeria, Cyprus, Congo, etc., without naturally preventing certain setbacks of an essentially political character. It has always been I understood that the work of the “relief body” in carrying out “humanitarian duties would be strictly limited to the visiting of places of detention to the study and routing of eventual relief and to the possibility of aiding families deprived of their normal support as a result of imprisonment or internment and that “it would never be concerned in the reasons for detention”.
page 1 note 408 When the United Nations also made a study of the preventive detention of adults (agreement in a section of the general minimum rules, the Swiss group of the International Association of Penal Law submitted a report which we made which was published in the Revue Internationale de Droit pénal, Paris 1950, p. 189 ff.Google Scholar We were also charged by UNO to undertake a preliminary study on “The detention of adults before sentence” (conditions of arrest and preventive detention; general report, plan and proposals regarding applicable rules and guarantees), United Nations, Final Record of General Secretariat, 1955, Doc. SO A/183/40: We base ourselves also on these considerations.
page 1 note 412 Cf. Graven, “Mémoire suisse pour l'Association internationale de droit pénal”, Revue Internationale de droit pénal, 1950, heading II and in the same sense, note by Mr. J. A. Roux, Secretary-General of the Association and the Belgian memorandum of the lawyer Sasserath for the United Nations, 1950, No. 8. In practice, the lack of a sufficient number of distinct establishments often made the separation between those charged with an offence and persons under sentence. The prudent reservation “as far as possible” is added to the rule. This is, however, one of the undisputed requirements and one of the first reforms to be realized, for the same reprobation and in the same penal establishments should not be mixed for provisional detention for security reasons and the putting into effect of the punishment of depriving condemned delinquents of their freedom. This principle has always been rightly set forth without ambiguity in successive drafts of the C.I.P.P.s minimum rales. (1939, art. 12; 1950, art. 11, para. 1.) The project submitted by the United Nations to governments demanded this and the principle was formally accepted, in spite of known difficulties of execution, by the European Advisory Group in 1952, p. 30 and decision, 9 December 1952, p. 6. We have insisted especially on this point in our synthesis and detailed study plan on “the detention of adults before sentence” for the Economic and Social Council of the United Nations, heading II, para. 1.
page 1 note 416 This is an experience we ourselves have had on visits to existing establishments with a view to modernizing the penitentiary system in the Ethiopian Penal Code of 1957 (art. 105 ff.), made specially in Ogaden on the edges of the desert at Dire-Dawa where there was a director in charge who was intelligent, humane, full of goodwill and also with common sense and a realist. We discussed the adequacy of essential water and sanitary installations in accordance with the “Minimum Rules”. He showed us showers and basins in the yard, which could not, however, be used during the long dry season when all water is polluted, the light and requisite amount of cubic air space was also mentioned and he observed, in the blinding and stifling atmosphere, that such “ideal” installations would mean torture, madness and even death for the detainees who would “benefit” therefrom. He also showed us appropriate and healthy work in the open air, and we could see that the arid and baking earth only afforded scant vegetation, difficult to maintain, scrub and some thorn bushes barely sufficient to give nourishment to goats. These are “object-lessons” which experts tend too often to forget.