A/HRC/7/4
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corrupt prison staff facilitate sexual relations between male and female detainees or that prison
staff themselves have sexual relations with female detainees in exchange for favourable
treatment. It is a serious issue of concern and a particularly contemptible form of corruption
when even release from custody may depend on providing sexual favours to the police,
immigration officers or prison authorities. The same goes for the example of a young woman
met by the Working Group during one of its visits who was detained pending her expulsion and
reported that she had received offers from detention facility personnel to remain in the country in
return for sexual services.
56. Such situations fall squarely within the mandate of the Working Group insofar as a
structural lack of legal procedures, the absence or non-observance of legal criteria governing
deprivation of liberty and a culture of impunity for abuses prevail. In the event that officials in
charge of detention facilities offer victims release from custody in return for sexual services, this
also falls within the scope of the mandate of the Working Group. Against this background the
Working Group would like to bring to the attention of the Council the complete picture of
allegations received and observations made.
57. In this context the Working Group reiterates the obligation of States to protect those who
are held in their custody from assaults and abuses by fellow detainees. It is imperative to allocate
entirely separate premises to women in institutions which receive both men and women, if it is
not possible to detain women in separate institutions, and to keep young prisoners separate from
adults as, for example, envisaged by paragraph 8 of the Standard Minimum Rules for the
Treatment of Prisoners. The obligation to protect the right to freedom from violence is even
more obvious as far as abuses committed by State authorities are concerned.
58. The Working Group considers that if the penitentiary system is functioning properly, no
abuses will be found. If there are cases, an effective complaint procedure will ensure that they do
not go unpunished and an efficient correctional service system with professional staff will
guarantee prevention of such incidents in the future. Drawing on the foregoing, the Working
Group would like to highlight the importance of a well-organized penitentiary system with
well-trained staff.
C. Detention in the context of counter-terrorism
measures and states of emergency
59. The Working Group requests States to refrain from directly or indirectly supporting, or
otherwise tolerating terrorist organizations or individual terrorists in their territory planning or
preparing terrorist actions abroad, and welcomes measures taken to combat international
terrorism. However, another issue of concern for the Working Group remains the continuing
tendency towards deprivation of liberty by States abusing states of emergency or derogation,
invoking special powers specific to states of emergency without formal declaration, having
recourse to military, special or emergency courts, not observing the principle of proportionality
between the severity of the measures taken and the situation concerned, and employing vague
definitions of offences allegedly designed to protect State security and combat terrorism.
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