A/HRC/1/L.10
page 41
(c)
Guarantee that any person deprived of liberty shall be held solely in officially
recognized and supervised places of deprivation of liberty;
(d)
Guarantee that any person deprived of liberty shall be authorized to communicate
with and be visited by his or her family, counsel or any other person of his or her choice, subject
only to the conditions established by law, or, if he or she is a foreigner, to communicate with his
or her consular authorities, in accordance with applicable international law;
(e)
Guarantee access by the competent and legally authorized authorities and
institutions to the places where persons are deprived of liberty, if necessary with prior
authorization from a judicial authority;
(f)
Guarantee that any person deprived of liberty or, in the case of a suspected
enforced disappearance, since the person deprived of liberty is not able to exercise this right, any
persons with a legitimate interest, such as relatives of the person deprived of liberty, their
representatives or their counsel, shall, in all circumstances, be entitled to take proceedings before
a court, in order that the court may decide without delay on the lawfulness of the deprivation of
liberty and order the person’s release if such deprivation of liberty is not lawful.
3.
Each State Party shall assure the compilation and maintenance of one or more up-to-date
official registers and/or records of persons deprived of liberty, which shall be made promptly
available, upon request, to any judicial or other competent authority or institution authorized for
that purpose by the law of the State Party concerned or any relevant international legal
instrument to which the State concerned is a party. The information contained therein shall
include, as a minimum:
(a)
The identity of the person deprived of liberty;
(b)
The date, time and place where the person was deprived of liberty and the identity
of the authority that deprived the person of liberty;
(c)
The authority that ordered the deprivation of liberty and the grounds for the
deprivation of liberty;
(d)
The authority responsible for supervising the deprivation of liberty;
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