A/HRC/30/19
as the reasonableness, necessity and proportionality of detention, lies with the authorities
responsible for the detention. 192
48.
Moreover, the Draft Basic Principles and Guidelines on remedies and procedures on
the right of anyone deprived of their liberty to bring proceedings before a court provide that
anyone deprived of their liberty shall, at any time during their detention, have the right to
legal assistance by counsel of choice and access to legal aid.193 While lawyers are the first
providers of legal aid, the United Nations Principles and Guidelines on Access to Legal Aid
in Criminal Justice Systems also suggest that States involve a wide range of stakeholders as
legal aid service providers, including non-governmental organizations, community-based
organizations, religious and non-religious charitable organizations, professional bodies and
associations, academia and paralegals.194
C.
Appropriate use of places of detention
49.
The specific purpose for which detention places, including prisons and police
stations, are built or established195 needs to be taken into account when persons are
detained. Facilities such as police stations must be used exclusively for short detention as
these are not suited to extended custody and lack the necessary space, sanitation and other
facilities required to ensure adequate conditions of detention. 196 The capacity of places of
detention must be assessed realistically and any such assessment must be based on
allocation of reasonable space for each detainee.197 Ensuring an effective register system for
tracking the detention period of each pretrial and sentenced detainee is essential to allow
detention places to manage their capacities.198 Finally, all detention places should be staffed
adequately so that they can be run effectively and with due respect to the human rights of
those detained.
50.
Equally, the negative impact of overcrowding is exacerbated for individuals held in
detention places that are not suitable for their specific needs, such as children, women,
elderly persons, persons with disabilities and mentally ill.199 Furthermore, persons who are
remanded in custody or sentenced should not continue to be detained in police stations,
unlike the practice in some States due to the overcrowding in many prisons. 200
51.
In addition, administrators of places of detention should not be left to cope with the
phenomenon of overcrowding201 and there should be an effective communications system
between the various actors of the criminal justice system to ensure that detention places are
192
193
194
195
196
197
198
199
200
201
See A/HRC/30/37, Principle 13.
See A/HRC/30/37, Principle 9.
See General Assembly resolution 67/187, annex, paras. 9 and 10;
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/OSJI.pdf;
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/PRI.pdf.
However, there are also reports of detainees being held in places which have never been intended for
detention use, which considerably adds to the problems caused by overcrowding. See
www.achpr.org/files/sessions/12th-eo/mission-reports/promotion_mission2012/mission_report_mauritania_cpta_eng.pdf, para. 75.
See A/HRC/13/39/Add.5, para. 91.
See A/HRC/22/53/Add.2, para. 46, and A/HRC/25/60/Add.1, para. 40.
See CAT/OP/PRY/1, para. 46; CAT/C/TGO/CO/2, para. 13; and CAT/OP/BEN/1, para. 161.
See CAT/C/GBR/CO/5, para. 31; CCPR/C/FIN/CO/6, para. 10; A/HRC/28/68, para. 41. See also the
African Commission on People’s and Human Rights, Report of Promotion Mission to Nigeria (2009),
available from www.achpr.org/states/nigeria/missions/promo-2009/; and
www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/CRIN.pdf.
See Council of Europe document CPT/Inf (2014) 26, para. 13.
See Council of Europe document CPT/Inf (2014) 13, para. 39.
17
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