A/HRC/13/42*
page 132
timely access to all places where persons are deprived of their liberty for monitoring
purposes at all times. In times of armed conflict, the location of all detention facilities
should be disclosed to the International Committee of the Red Cross;
(b) Safeguards for persons deprived of their liberty should be fully respected. No
undue restrictions on these safeguards under counter-terrorism or emergency legislation
are permissible. In particular, effective habeas corpus reviews by independent judicial
bodies are central to ensuring respect for the right to personal liberty. Therefore, domestic
legislative frameworks should not allow for any exceptions from habeas corpus, operating
independently from the detaining authority and from the place and form of deprivation of
liberty. The study has shown that judicial bodies play a crucial role in protecting people
against secret detention. The law should foresee penalties for officials who refuse to disclose
relevant information during habeas corpus proceedings;
(c) All steps necessary to ensure that the immediate families of those detained are
informed of their relatives’ capture, location, legal status and condition of health should be
taken in a timely manner;
(d) Any action by intelligence services should be governed by law, which in turn
should be in conformity with international norms. To ensure accountability in intelligence
cooperation, truly independent intelligence review and oversight mechanisms should be
established and enhanced. Such mechanisms should have access to any information,
including sensitive information. They should be mandated to undertake reviews and
investigate upon their initiative, and to make reports public:
(e) Institutions strictly independent of those that have been allegedly involved in
secret detention should investigate promptly any allegations of secret detention and
“extraordinary rendition”. Those individuals who are found to have participated in
secretly detaining persons and any unlawful acts perpetrated during such detention,
including their superiors if they ordered, encouraged or consented to secret detentions,
should be prosecuted without delay and, where found guilty, given sentences
commensurate with the gravity of the acts perpetrated;
(f) The status of all pending investigations into allegations of ill-treatment and
torture of detainees and detainee deaths in custody must be made public. No evidence or
information that has been obtained by torture or cruel, inhuman and degrading treatment
may be used in any proceedings;
(g) Transfers or the facilitation of transfers from one State to the custody of
authorities of another State must be carried out under judicial supervision and in line with
international standards. The principle of non-refoulement of persons to countries where
they would be at risk of torture or other inhuman, cruel or degrading treatment must be
honoured;
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