A/HRC/27/48
88.
All measures of detention should be justified, adequate, necessary and
proportional to the aim sought.
89.
All persons subjected to a measure of detention should benefit at all stages from
access to a lawyer of her or his choice and to effective legal assistance and
representation.
90.
All detainees should benefit from all minimum procedural guarantees,
including the principle of equality of arms; the provision of adequate time and
facilities for the preparation of the defence; proper access to evidence; and guarantees
against self-incrimination.
91.
The practice of protective custody should be eliminated and replaced with
alternative measures that ensure the protection of women and girls without
jeopardizing their liberty. As part of efforts to achieve that end, awareness should be
raised regarding the practice of protective custody. The Working Group encourages
States, civil society organizations and other stakeholders to submit to the Working
Group information on how frequently that practice occurs.
92.
The Working Group requests the Human Rights Council to consider the
adoption of a set of principles to be applied to military courts.
93.
The Working Group recommends that States ensure that preventive detention
must comply with international law and be proportionate and justified by compelling
reasons, and is subject to regular periodic review by an independent judicial body.
94.
Detention of asylum seekers and irregular migrants shall be a last resort and
permissible only for the shortest period of time. Alternatives to detention should be
sought whenever possible and the legality of detention must be open to challenge
before a court and subject to regular review within fixed time limits.
25
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