DOC/OS(XXX)247 Page 12 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.

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