A-HRC-13-42

A/HRC/13/42
page 42
94. Ever since, the Commission continuously called upon its special rapporteurs and working
groups to give special attention to questions relating to the effective protection of human rights
in the administration of justice, in particular with regard to unacknowledged detention of
persons, and to provide, wherever appropriate, specific recommendation in this regard, including
proposals for possible concrete measures under advisory services programmes. 155
95. In 1988, in its resolution 43/173, the General Assembly adopted the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment. This was the result
of a long-standing process of ascertaining detainees’ rights that had begun under the
Subcommission on Prevention of Discrimination and Protection of Minorities. 156 This instrument
provides for the application of a set of safeguards while in detention, compliance with which in
principle would avoid or substantially decrease the likelihood of threat to life and limb of
detainees. 157 The adoption of the document served as an incentive for the elaboration of
complementary regional instruments, such as the Guidelines and Measures for the Prohibition
and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, 158
adopted by the African Commission on Human and Peoples’ Rights in its resolution 61 (XXXII)
02 (2002), and the Principles and Best Practices on the Protection of Persons Deprived of Liberty
in the Americas, 159 of the Inter-American Commission on Human Rights.
96. Other instances have contributed to outlawing practices of secret detention. As early as
1978, the Human Rights Committee received the first communication under the Optional
Protocol relating to a disappearance and secret detention case in Uruguay. The case concerned a
certain Mr. Bleier, suspected of being connected with the subversive activities of the banned
Communist Party, who had been arrested by that country’s authorities without a court order in
October 1975 and was being held incommunicado at an unknown place of detention. 160 The
155
See for example Commission resolution 1992/31 on human rights in the administration of
justice. See also the report of the Special Rapporteur on torture (E/CN.4/1993/26).
156 Since 1973, the Subcommission had an item on its agenda entitled “Question of the human
rights of persons subjected to any form of detention or imprisonment”. See
E/CN.4/Sub.2/SR.677, pp. 123-129. See generally Kathryn Jean Burke, “New United Nations
procedure to protect prisoners and other detainees” California Law Review, vol. 64, No. 1
(January 1976), p. 205; and Daniel Prémont, “United Nations procedures for the protection of all
persons subjected to any form of detention or imprisonment”, Santa Clara Law Review, vol. 20,
No. 3 (1980), p. 603.
157
Nigel Rodley and Matt Pollard, The Treatment of Prisoners under International Law, Third
ed., Oxford University Press, 2009, p. 451.
158
Also known as Robben Island Guidelines.
159
OEA/Ser/L/V/II.131, doc. 26 (March 2008).
160
Bleier v. Uruguay, communication No. 30/1978, final views of 21 July 1983.