A/HRC/7/4
page 27
Vulnerable groups in detention which are susceptible to sexual abuse
81. As to vulnerable groups in detention which are susceptible to sexual abuse, the
Working Group makes the following recommendations:
(a) States in which sexual abuse of detainees by fellow inmates or by State
authorities is reported should take measures as a matter of urgency to ensure that juveniles
are held separate from adults and women separate from men. Custodians of female
prisoners should be women;
(b) States should organize their penitentiary systems in such a way as to guarantee
that sexual abuses in detention do not occur. This includes appropriate training of
detention facility staff;
(c) Victims of such abuses should enjoy access to an effective complaints procedure
before an independent oversight body with decision taking powers;
(d) States should take the necessary steps to make sure that impunity for sexual
abuse does not prevail.
Detention in the context of counter-terrorism measures and in states of emergency
82. With regard to detention in the context of counter-terrorism measures and in states
of emergency the Working Group recommends that:
(a) States of emergencies must only be imposed, and measures taken thereunder,
including deprivation of liberty, must only be carried out, in strict conformity with article 4
of the International Covenant on Civil and Political Rights and in stringent compliance
with the principle of proportionality. The right to habeas corpus must not be suspended;
(b) Governments should duly follow release orders rendered by competent judicial
authorities and refrain from re-detaining the individual concerned on the same grounds,
also during states of emergency;
(c) Countries in legal transition, where civilians may still be tried under military
jurisdiction, should provide for an independent and civil judicial authority before which
civilians are able to challenge the competence of the military court.
Demarcation of competences for release of detainees
83. Regarding the demarcation of competences between authorities for release of
detainees, particularly pretrial detainees, the Working Group addresses the following
recommendations to States:
(a) States, which have not done so yet, should establish maximum time limits for
pretrial detention in their domestic legislation;
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