Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

196 | PRACTITIONERS GUIDE No. 6gans, as it is the case for privately-run detention centres for migrantsor asylum-seekers. In this situation, the State is directly internationallyresponsible for international wrongful acts, including breaches of internationalhuman rights law, caused by acts or omissions of privateor non-state actors. 725 International human rights law obligations andstandards on treatment of detainees and conditions of detention applyirrespective of whether detention facilities are operated by State authorities,or by private companies on behalf of the State. This derivesfrom the principle that a State cannot absolve itself from responsibilityfor its human rights obligations by delegating its responsibilities to aprivate entity. 726III. Treatment of detaineesEven where detention of migrants can be justified on the basis of the standardsdiscussed above, international human rights law imposes furtherconstraints on the place and regime of detention, the conditions of detention,and the social and medical services available to detainees. In addition,it imposes obligations to protect detainees from violence in detention. Themost relevant standard for the treatment of detainees is the prohibition oncruel, inhuman and degrading treatment (Article 16 CAT, Article 7 ICCPR,Article 3 ECHR, Article 5 ACHR, Article 5 ACHPR). The Convention againstTorture establishes that States have obligations to take effective measuresto prevent acts of torture 727 and of cruel, inhuman or degrading treatmentor punishment 728 including to keep under systematic review arrangementsfor the custody and treatment of persons subjected to any form of detentionwith a view to preventing torture and ill-treatment. 729Article 10.1 ICCPR makes specific provision for the right of detainedpersons to be treated with humanity and respect for their dignity, amore specific application of the general right under Article 7 ICCPR tofreedom from torture or other cruel, inhuman or degrading treatmentor punishment. Article 5.2 ACHR, Article 5 ACHPR and Article 20 ArCHRalso make similar specific provision for the treatment of persons de-725 Article 5, Draft Articles on Responsibility of States for Internationally Wrongful Acts, adoptedby the International Law Commission at its 53 rd session in 2001, in Yearbook of theInternational Law Commission, 2001, vol. II, Part Two (ILC Draft Articles on State Responsibility).See also, Commentary on the Draft Articles on Responsibility of States for InternationallyWrongful Acts, adopted by the International Law Commission at its 53 rd session in2001, Yearbook of the International Law Commission, 2001, vol. II, Part Two, on Article 5,pp. 42–43 (ILC State Responsibility Commentary).726 Costello-Roberts v. United Kingdom, ECtHR, op. cit., fn. 401, para. 27; Ximenes-Lopes v.Brazil, IACtHR, op. cit., fn. 586.727 Article 2.1 CAT.728 Article 16.1 CAT.729 Article 11 read together with Article 16.1 CAT.