DOC/OS(XXX)247
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5) Right to habeas corpus:
a) States shall enact legislation, where it does not exist, to ensure the right to habeas corpus,
amparo or similar procedures.
b) Anyone concerned or interested in the well-being, safety or security of a person deprived of
his or her liberty has the right to a prompt and effective judicial remedy as a means of
determining the whereabouts or state of health of such a person and/or identifying the
authority ordering or carrying out the deprivation of liberty.
c) In such proceedings, competent national authorities shall have access to all places where
persons deprived of their liberty are being held and to each part of those places, as well as to
any place in which there are grounds to believe that such persons may be found.
d) Any other competent authority entitled under law of the State or by any international legal
instrument to which the State is a party may also have access to such places.
e) Judicial bodies shall at all times hear and act upon petitions for habeas corpus, amparo or
similar procedures. No circumstances whatever must be invoked as a justification for
denying the right to habeas corpus, amparo or similar procedures.
6) Right to be detained in a place recognised by law:
a) Any person deprived of liberty shall be held in an officially recognised place of detention.
b) Accurate information shall be recorded regarding any person deprived of liberty including:
(i) his or her identity;
(ii) the reasons for arrest;
(iii) the time of arrest and the taking of the arrested person to a place of custody;
(iv) the time of his first appearance before a judicial or other authority;
(v) the identity of the law enforcement officials concerned;
(vi) precise information concerning the place of custody;
(vii) details of the judicial official or other authority informed of the arrest and detention.
c) Accurate information on the detention of such persons and their place or places of detention,
including transfers, shall be promptly available to their family members, their legal
representative or to any other persons having a legitimate interest in the information.
d) An official up-to-date register of all persons deprived of liberty shall be maintained in every
place of detention and shall be made available to any judicial or other competent and
independent national authority seeking to trace the whereabouts of the a detained person.
7) Right to humane treatment:
a) States shall ensure that all persons under any form of detention or imprisonment are treated
in a humane manner and with respect for the inherent dignity of the human person.
b) In particular States must ensure that no person, lawfully deprived of his or her liberty is
subjected to torture or to cruel, inhuman or degrading treatment or punishment. States shall
ensure that special measures are taken to protect women detainees from ill-treatment,
including making certain that their interrogation is conducted by women police or judicial
officials.
c) Women shall at all times be detained separately from men and while in custody they shall
receive care, protection and all necessary individual assistance – psychological, medical and
physical – that they may require in view of their sex and gender.
d) It shall be prohibited to take undue advantage of the situation of a detained or imprisoned
person for the purpose of compelling him or her to confess, to incriminate himself or herself
or to testify against any other person.
e) No detained person while being interrogated shall be subject to violence, threats or methods
of interrogation which impair his or her capacity of decision or his or her judgement.