"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.
