A/HRC/4/40
page 27
The practice of diplomatic assurances is acceptable only if the very stringent conditions
mentioned in the Legal Opinion are met. On the contrary, the practice of “reverse diplomatic
assurances”, as described in the current report, constitutes a serious violation of international
human rights law.
76.
The Working Group calls upon all States to join political and technical efforts in order to
ensure and guarantee the basic needs and rights of people in detention. The Group considers that
the minimum conditions are the following: the protection of the security, health and nutritional
needs of the detainees and of their rights to have access to an adequate legal defence and to a fair
trial.
VI. RECOMMENDATIONS
Growth in prison populations, particularly in developed countries
77.
Having been made aware of an increase in the number of people being detained
around the world, particularly in developed countries, the majority of the detainees being
in pretrial detention, the Working Group recommends that this recent growth in prison
populations should be studied and debated with a view to developing measures favouring
respect of the rights of the detainees.
Detention on remand
78.
Regarding detention on remand, the Working Group addresses to States the
following recommendations:
(a)
be served;
(b)
Time spent in pretrial detention should be credited towards the sentence to
Detainees acquitted in first instance should be immediately released;
(c)
Domestic legislations should establish the maximum duration of pretrial
detention, which should not exceed the sanction established for the offence attributed to the
accused;
(d)
Effective remedies to ensure compliance with limits on the duration of
remand detention should be put in place.
Alternatives to deprivation of liberty
79.
States should review their legislation in order to establish or enlarge the scope of
alternatives to deprivation of liberty as a sanction for criminal offences.
International transfer of detainees
80.
With regard to the international transfer of detainees, particularly in the context of
countering terrorism, the Working Group recommends:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents