Human rights during detention Workshop 8 Alexandria, Arab Republic of Egypt by Perry C. Quak The Netherlands

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Contents Human Rights, general remarks Human Rights, general remarks Detention, general remarks Detention, general remarks International standards International standards Supervision Supervision Aims of detention Aims of detention Role of civil society organizations Role of civil society organizations Role of the public prosecutor Role of the public prosecutor Conclusions Conclusions

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Human Rights, an international issue International Treaties: International Treaties: –Universal Declaration of Human Rights (UDHR, 1948) –International Covenant on Civil and Political Rights (CCPR, 1966) –Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1984) Regional Conventions e.g.: Regional Conventions e.g.: –Arabian Charter on Human Rights (ACHR, 1997) –Cairo Declaration on Human Rights in Islam (CDHR 1990) –European Convention on Human Rights (ECHR 1950) International guidelines and standards: International guidelines and standards: –Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment (UN 1988) –UN Basic Principles for the Treatment of Prisoners (UN 1990)

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International provisions regarding prisoners -1 International Covenant on Civil and Political Rights, art. 10: International Covenant on Civil and Political Rights, art. 10: “ All persons deprived from their liberty shall be treated with humanity and with respect for the inherent dignity of the human being.”

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International provisions regarding prisoners -2 Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment, principle 1 Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment, principle 1 “ All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person.”

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Human rights, a daily practice Treaties, conventions and international guidelines are important, yet: Treaties, conventions and international guidelines are important, yet: –framework –regulation of principles Main ‘rule’: respect for human dignity“ Main ‘rule’: respect for human dignity“ Daily practice: Daily practice: showing respect is getting respect

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Deprivation of liberty Liberty and security of person: basic rights; responsibility of State Liberty and security of person: basic rights; responsibility of State Detention only on basis of the Law: Detention only on basis of the Law: –sentence by a competent, impartial and independent tribunal, established by law –lawful arrest, pre-trial detention or in case of extradition etc. If detention is unlawful : State = liable If detention is unlawful : State = liable

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Consequences of detention Detention is loss of liberty, not loss of human dignity Detention is loss of liberty, not loss of human dignity In principle: basic human rights apply In principle: basic human rights apply Exceptions related to nature of detention Exceptions related to nature of detention –prison disciplinary regulations principle of subsidiarity principle of subsidiarity principle of proportionality principle of proportionality

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International standards -1 No torture: obvious No torture: obvious –internal code of conduct + supervision –inquiries by independent investigators –medical examinations by independent doctor –reversed burden of proof ? Ribitsch vs. Austria Ribitsch vs. Austria Balogh vs. Hungary Balogh vs. Hungary Labita vs. Italy Labita vs. Italy

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International standards -2 No cruel, inhuman or degrading treatment No cruel, inhuman or degrading treatment –no active violation of this right –no passive violation of this right no action against cruel, inhuman or degrading situation no action against cruel, inhuman or degrading situation Lithuanian case(2005) Lithuanian case(2005) Dutch Antilles case (2005) Dutch Antilles case (2005) Z. vs. UK (2000) Z. vs. UK (2000)

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International standards -3 Privacy (no overcrowded accommodation) Privacy (no overcrowded accommodation) Hygiene (ventilation, heating, lighting, sanitary, toilet paper/water) Hygiene (ventilation, heating, lighting, sanitary, toilet paper/water) Safety ([sexual] assault, separated groups) Safety ([sexual] assault, separated groups) No long-term (solitary) confinement No long-term (solitary) confinement Medical care (incl. psychological care) Medical care (incl. psychological care) Respect for religion and culture (prayers, priest, imam, food) Respect for religion and culture (prayers, priest, imam, food)

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International standards -4 No discrimination No discrimination Contact with outside world (visits, telephone, letters) Contact with outside world (visits, telephone, letters) Family life (female prisoners with child) Family life (female prisoners with child) Labour Labour Education Education No arbitrary punishment No arbitrary punishment

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt International standards -5 Appeal to an independent forum Appeal to an independent forum Legal assistance Legal assistance –free to contact lawyer –free choice –visits, phone, letters –restriction by penitentiary regulations

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Supervision of warden and guardians Special supervision committee Special supervision committee –inspections –consulting desk –forum for complaints –reporting to: Minister of justice Minister of justice Public prosecutor Public prosecutor

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Aims of detention Punishment: Punishment: –special prevention –general prevention –reprisal Security of society Security of society Reform of prisoners Reform of prisoners

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Treatment and rehabilitation Aims: Aims: –Return to society –Avoid recidivism Instruments: Instruments: –Probation officers –Education programs –Reform programs

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Role of civil society organizations Probation and after-care service – –rehabilitation of discharged prisoners – –counseling and assisting (volunteers) Human Rights’ organizations – –Safeguarding living up to human rights Amnesty International Human Rights’ Watch

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Role of the public prosecutor receiving reports on prisons’ conditions receiving reports on prisons’ conditions influencing observance of rules in prisons influencing observance of rules in prisons –advice –warning (willing to) prosecute responsible officials (willing to) prosecute responsible officials

UNDP/POGAR Workshops on Human Rights, March 2008, Alexandria, Egypt Conclusions Human Rights in treaties, conventions and codes of conduct: not just words Human Rights in treaties, conventions and codes of conduct: not just words Despite of detention: human rights still exist and need to be respected Despite of detention: human rights still exist and need to be respected

Perry C. Quak, LL.M, MPA Solicitor-General Court of Appeals, The Netherlands thank you for your attention. any questions?