Procedure on detaining or capturing people Have you detained someone? Are they a fighter? Are they suspected of having committed an “ordinary” criminal.

Slides:



Advertisements
Similar presentations
STANDARDS OF CARE IN CUSTODY, AFTERCARE AND SOCIAL REINTEGRATION OF CHILD OFFENDERS.
Advertisements

Comply With the Requirements of the Codes of Conduct Comply With the Requirements of the Codes of Conduct Presented by Trainingnco.com.
Human Rights Grave Violations
Domestication and Implementation Package B The duty to prevent torture and other ill treatment © The Article 5 Initiative, 2013.
Page 1 PREA Orientation. Page 2 Basic Rules We Respect Each others Safety – No verbal or physically assaultive behavior We Appreciate Each Others Individuality.
PREVENTING VIOLENCE IN THE FAMILY DAPHNE III Programme ‘Preventing and combating violence against children, young people and women and to protect victims.
Chelmsford Medical Centre.  Since the introduction of the Human Rights Act 1998 and the Mental Capacity Act 2005, there has been more clarity around.
Lecturer: Miljen Matijašević Session 8, 7 May 2014.
SGTM 8: Human Rights in Peacekeeping
Human rights during detention Workshop 8 Alexandria, Arab Republic of Egypt by Perry C. Quak The Netherlands.
The Geneva Conventions and Human Rights
In cooperation with the Chapter 8 International legal standards for the protection of persons deprived of their liberty Facilitator’s Guide.
1 Unlawful Targets NONCOMBATANTS PROTECTED PROPERTY –Civilian –Medical –Cultural.
The International Law of Armed Conflict: An Overview
Donna Monk MAPPA Co-ordinator.  Understand the purpose and function of MAPPA  Understand the language and terminology of MAPPA  Explore the framework.
1 INTERNATIONAL TERRORIST GROUPS & ARMED CONFLICT.
Internal Armed Conflict and the Law
Law of Land Warfare Agenda What is the law of war What is the law of war Purpose of the law of war Purpose of the law of war Who are Noncombatants Who.
The Geneva Conventions and Human Rights during Wartime
SECLUSION AND RESTRAINT PROVISIONS Marion Greenfield.
Human Rights The rights possessed by all individuals by virtue of being human Indivisible, inalienable, and universal May be restricted in times of disturbance.
H UMAN R IGHTS. U NIVERSAL D ECLARATION OF H UMAN R IGHTS October 24, 1945, after of World War II the United Nations came into existence United Nations.
Theme: Basics of administrative law.
Topic 9 Police powers test Topic 9 Police powers test.
Article 1: Right to equality
Using Human Rights for Youth Advocacy
CMAST 1 International Humanitarian Law and the Geneva Conventions.
HUMAN RIGHTS BASED APPROACH See Me Brewing Lab Cathy Asante.
Reporting Requirements for School Staff Presented by Nancy Hungerford November 30, 2011 Presented by Nancy Hungerford November 30, 2011.
Ethical Guidelines for Suppliers and Subcontractors Purchasing for the University of Guelph.
Abuse and Neglect Mandatory Reporting The Process of a Report Institutional tips.
The Universal Declaration of Human Rights
INTERNATIONAL NETWORK OF HUMAN RIGHTS ORGANIZATIONS «AMPARO- SOCIETY AND ARMY» Rights of military personnel in post- soviet countries Comparative Analysis.
MSL 401, Lesson 6a : The Law of Land Warfare The Law of Land Warfare.
The law of war: Humanitarian law THE STORY BEHIND THE STORY.
Law Reform Commission Criminal Process Pre-Trial Procedures Pierre Rosario DOMINGUE Chief Executive Officer Wednesday, May 7,
Snohomish County Sheriff’s Office Special Investigations Unit n 98% of our investigations involve crimes where the victim has been assaulted by someone.
ADMISSION OF OFFENDERS IN CORRECTIONAL CENTRES. INDEX 1.Purpose of the presentation 2.Aspects regarding admission Identification Filing and safe-keeping.
Legal Aid of Cambodia Bangkok, August 2015 Mr. RUN Saray Executiva Director and Lawyer Legal Aid of Cambodia V ICTIM ’ S REMEDIESPresented.
Privacy and the Civil Commitment Process Allyson K. Tysinger Assistant Attorney General June 4-5, 2008.
1 Multi-disciplinary Seminar on How to Improve the Child Protection System in Hong Kong 13 July 2004 Duke of Windsor Social Services Building, Wanchai,
International Humanitarian Law Geneva Conventions.
International Human Rights and Humanitarian Law 101 Jennifer Prestholdt Deputy Director, The Advocates for Human Rights.
FUTURE CHALLENGES A summary of the Universal Declaration of Human Rights 1. Everyone is free and we should all be treated in the same way. 2. Everyone.
Specialist considerations for doctors who work in police stations Dr. Marianne ENGBERG Consultant Psychiatrist, PhD, Senior Researcher Rehabilitation and.
Instructor: SSG Beasley
Investigative Process 1 Investigation and trial process What is a legal arrest? What are the rights of the police and the accused? The fine line between.
Arrest and Detention. Questioning the Accused Police can not force a suspect to answer questions Police can not force a suspect to answer questions Section.
GENEVA CONVENTION FOR THE AMELIORATION OF CONDITION OF THE WOUNBDED AND SICK IN THE ARMED FORCES IN THE FIELD 12 AUGUST 1949 (GC I) Karna Thapa Faculty.
Detention and Questioning under PACE When a suspect is arrested the basic procedure is that they should be taken as soon as practicable to a designated*
Article 1 Everyone under the age of 18 has all the rights in the Convention. Definition of the child.
PRESENTATION NAME Arrest and Detention. Arrest and Detention Arrest and Detention Depending on the amount of physical evidence collected, the police may.
Karna Thapa Faculty of Law, T.U. PROTECTION OF WOMEN AND CHILDREN IN ARMED CONFLICT.
Karna Thapa Faculty of Law T.U
Employee Training: Requirements for Mandatory Reporting of Child Abuse, Child Neglect, and Sexual Offenses on School Premises Involving Students
The Geneva Conventions International Agreements on conduct during war.
Knowledge-sharing seminar on BIC in FGM-related cases Legal Context.
Social Identity is made up of the following:  Gender  Race or Ethnicity  Sexuality  Religion or faith  Age  Class  Disability.
Health and Social Care Mental Health Act 2007 Deprivation of Liberty Safeguards (MCA / DoLS) What is Depriving a Person’s Liberty?
The revised EU Reception Conditions Directive WHAT KIND OF RECEPTION CONDITIONS SHOULD BE MADE AVAILABLE FOR ASYLUM SEEKERS?
Arrest and Detention.
Presentation on International Humanitarian Law and the Geneva Conventions
Article 3- Everyone has the right to life, liberty and security of person. Article 4- No one shall be held in slavery or servitude; slavery and the slave.
Chapter 8. International legal standards for
Protection under international humanitarian law
ALLEGATIONS OF ABUSE Internal Occurrence Reporting and Investigation.
Information for Patients Please return to reception
ICRC THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN MEXICO, CENTRAL AMERICA AND CUBA REGIONAL DELEGATION FOR MEXICO, CENTRAL AMERICA AND CUBA.
CHILDREN‘S RIGHTS Charalampos Papaioannou.
Police Powers.
Presentation transcript:

Procedure on detaining or capturing people Have you detained someone? Are they a fighter? Are they suspected of having committed an “ordinary” criminal offence under Libyan law? Can they be seen by a judge in the next [48] hours? Follow Libyan Criminal Code on due process, subject to international human rights law Has the judge charged them? No Yes No further action required Yes See reverse of this card [for rules on the treatment of detainees] Release / no further action No Release on bail / subject to guarantee Release / no further action START HERE

Rules on the treatment of detainees Detainees must receive humane treatment AT ALL TIMES, from the moment of capture. DO respect detainees and protect them from harm Humane Treatment: DO NOT use any form of physical, sexual or mental violence against any detainee. No form of torture or intimidation is allowed. DO NOT subject detainees to humiliating or degrading treatment such as displaying them in a publicly humiliating fashion. DO NOT take revenge on detainees. DO NOT hold individuals answerable for acts for which they are not personally responsible. DO NOT remove personal property from the detainees unless this is for security reasons. If any property is removed, a receipt must be provided to the detainee. DO NOT obey an order to carry out any of these prohibited acts. That order is unlawful. REPORT ANY INCIDENTS OF INHUMANE TREATMENT TO A SUPERIOR OFFICER Detention Centres must: Be located away from the battlefield, be healthy and hygienic Be segregated according to gender and age (children (people under 18 years of age) must not be held with adults) and criminal offenders must be held separately Provide sufficient food, water, clothing and medical treatment to ensure the health of the detainees 1.Give immediate medical treatment/first aid to anyone who needs it. There is a duty to search for, collect, and aid the injured and wounded from the battlefield of both sides. The dead must also be collected, treated with respect, and buried. 2.Take detainees to a safe place of detention 3.Once at a place of detention follow these steps: a: Provide any further necessary medical treatment. b: A capture card must be made and a copy sent to the ICRC c: Interrogate if necessary. HUMANE TREATMENT must be observed at ALL times Medical treatment: Necessary and additional medical treatment should be available and accessible. Attempt to identify the dead. If this is not possible, then record (and if possible, photograph) the personal possessions with which the body is buried. This is to help with subsequent attempts to identify the person. Records of the dead and the location of their burial should be sent to the ICRC. Capture Card: This is necessary to safeguard you from war crimes charges (enforced disappearance of detainees) Any change in the detainee’s place of detention and/or date of release must be recorded and notified to the ICRC Captured fighters have no obligation to give any information beyond name, rank (if military), date of birth and identification number. Interrogation: Any physical or mental coercion is prohibited to obtain statements. Detainees must not be subjected to violence or intimidation of any kind.

Rules on targeting and the use of violence ONLY target Qadhafi forces and others using force against you. Permissible targets include fighters, buildings, facilities and means of transportation being used or could be used for a military purpose. DO NOT allow persons who are less than 18 years of age to fight, even if they have volunteered to do so. AVOID as far as possible any effect on civilians of an attack against Qadhafi forces. DO NOT target fighters who are surrendering or are no longer fighting. DO NOT target civilians or places where there are only civilians. DO NOT target medical personnel, facilities, transports or equipment. These may be searched if you need to verify they are genuine, but REMEMBER that medical personnel are allowed by law to carry small arms to protect their patients. DO NOT target religious personnel. DO NOT target UN / ICRC / Red Crescent personnel or facilities. DO NOT harm cultural, educational and religious buildings and historic sites unless Qadhafi forces are using them for hostile purposes, and such harm is absolutely necessary. Only use the Red Crescent symbol to indicate medical personnel, facilities and transport and under direction of the competent authorities. REMEMBER! FIGHT ONLY FIGHTERS. ATTACK ONLY MILITARY TARGETS. SPARE CIVILIANS.

Protections of detainees Summary of requirements to be observed by the detaining authority Adequate medical care Access to exercise Freedom to practice their religion Family contact Food and water sufficient for good health Safe and adequate housing Adequate sanitary facilities A procedure to register complaints regarding conditions of their captivity (see following card) An independent agent to monitor compliance with these guidelines Any acts of violence, intimidation, or humiliation Cruel, inhumane, humiliating, or degrading treatment Slave labour Dangerous work (for example, mine clearing) Any work which assists your military effort SPECIAL PROVISIONS FOR WOMEN Female prisoners MUST have separate accommodation under female supervision Female prisoners may be searched ONLY by females Female prisoners MUST be especially protected against sexual violence SPECIAL PROVISIONS FOR CHILDREN (PEOPLE UNDER 18 YEARS OF AGE) Children MUST have accommodation apart from adults unless with their families Children MUST have food, hygiene and medical care suited to their age Children MUST be able to continue their schooling Source – adapted from: Detainees are entitled to: The detaining authority must ensure detainees are not subjected to: REMEMBER! THE PURPOSE OF DETENTION IS NOT TO PUNISH BUT TO PREVENT FROM FIGHTING

Procedure in the case of suspected breaches of the rules set out in these guidelines Anyone who wishes to complain about a suspected violation of these rules, and in particular the mistreatment of detainees or the use of fighters who are less than 18 years of age, should be told the name and contact details of the person who has been designated to deal with complaints. The complaints will be made in confidence. The person providing the information will be informed before being called as a witness. Complaints must be investigated promptly, thoroughly, and in an impartial manner by an independent body.