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The Treatment of Prisoners under International Law$
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Nigel Rodley and Matt Pollard

Print publication date: 2011

Print ISBN-13: 9780199693566

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199693566.001.0001

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Guarantees against Abuses of the Human Person

Guarantees against Abuses of the Human Person

Arbitrary Arrest and Detention

(p.449) 11 Guarantees against Abuses of the Human Person
The Treatment of Prisoners under International Law

Nigel Rodley

Matt Pollard

Oxford University Press

This chapter focuses on the legal safeguards against arbitrary arrest and detention: the right to immediate and continuing assistance; the right to communicate with family members; restriction of the length of interrogation sessions and provision of adequate periods for rest and refreshment; medical examination before and after interrogation; detailed recording of all relevant facts concerning interrogation; a requirement that arrested persons be brought before a judge within 24 hours and thereafter kept in custody only under order and supervision of the court; and adequate remedies for bringing complaints of illegal detention or ill-treatment before the court without any delay. It also discusses the development of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the UN General Assembly.

Keywords:   legal safeguards, arbitrary arrest, illegal detention, interrogation sessions, ill-treatment, Protection of All Persons, UN General Assembly

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