A/HRC/30/36 suspected of using drugs. It has been established that detention and forced labour are not scientifically valid means to treat drug dependence.9 Compulsory detention regimes for purposes of drug “rehabilitation” through confinement or forced labour are contrary to scientific evidence and inherently arbitrary. 10 60. Drug consumption or dependence is not sufficient justification for detention. Involuntary confinement of those who use or are suspected of using drugs should be avoided.11 61. The Working Group is also concerned about the use of criminal detention as a measure of drug control following charges for drug use, possession, production and trafficking. A variety of regional and international human rights instruments establish legal standards for detention based on criminal grounds, including minimum procedural guarantees.12 These standards apply equally in cases of criminal detention for drug-related offences. Criminal laws and penal measures pursued under the existing punitive system of international drug control raise important questions of legality, proportionality, necessity and appropriateness.13 62. The Working Group has determined that pretrial detention regimes, including “arraigo” or other forms of detention to investigate, as well as bail systems, diminish a person’s ability to challenge his or her detention; affect the presumption of innocence; and overwhelm the justice system. Guarantees of equal protection before the law and procedural rights to access to justice, including the exceptionality of pretrial detentions, as well as guarantees of promptness for judicial review and court hearings to determine criminal responsibility, must be ensured, including when individuals are detained for drug-related 8 9 10 11 12 13 18 There are five re-education through labour centres in Shanghai, including one for women, one for drug addicts, and three others for men. In cases of drug abuse, if it is a first offence, the person will be sent to a rehabilitation centre. In cases of repeated drug abuse, he or she may be sent to a re-education centre. Twenty per cent of cases are for drug-related offences (see E/CN.4/1998/44/Add.2, para. 85). See also the joint statement of 12 specialized agencies and other organizations of the United Nations system, available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11941&LangID=E; J.J. Amon and others, “Compulsory drug detention in East and Southeast Asia: evolving government, UN and donor responses”, International Journal of Drug Policy, vol. 25, No. 1, pp. 13–20. In a published position on compulsory detention centres in East Asia and Pacific, available from www.unicef.org/eapro/media_18366.html, the United Nations Children’s Fund expressed concern about “the use of compulsory detention centres in some countries in the East Asia and Pacific region where children, many of whom have been exploited in the sex trade, living on the streets, or detained for drug abuse, are being held”. See United Nations Office on Drugs and Crime and World Health Organization, “Principles of drug dependence treatment”, discussion paper (2008), p. 15. This is consistent with the position of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (see A/HRC/22/53, paras. 40–44). See United Nations Office on Drugs and Crime and World Health Organization, “Principles of drug dependence”, p. 15. See E/CN.4/2004/3, paras. 74 and 87; Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 15; and European Court of Human Rights, Witold Litwa v. Poland, application No. 26629/95, judgement of 4 April 2000, paras. 77–80. African Charter on Human and Peoples’ Rights, American Convention on Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, International Covenant on Civil and Political Rights, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Rodrigo Uprimny Yepes, Diana Esther Guzmán and Jorge Parra Norato, “Addicted to punishment: the disproportionality of drug laws in Latin America”, Dejusticia Working Paper 1.