DETENTION MONITORING TOOL FACTSHEET Main references • International Covenant on Civil and Political Rights, Articles 2 (2) and (3), 6 (1), 7, 9 and 10 (1) • UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Articles 1, 4, 12, 13 and 16 • International Convention for the Protection of All Persons from Enforced Disappearance, Articles 2, 3 and 12 • UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions • UN Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) • UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), Rules 7–8, 30–31, 34, 54, 56–57, 68–69, 71–72 • UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rules 6–7, 25 • Inter-American Convention to Prevent and Punish Torture, Article 8 3. Types and situations of risk Deaths in custody ‘Death in custody’ refers (as a minimum)22 to: any death of a person deprived of their liberty, whether in prison, a pre-trial or immigration detention facility, police custody, prison hospital or other place of detention, or during transport to or between such places; a death of a detainee in the course of an attempted escape; any death of a person deprived of their liberty transferred to a civil hospital before dying; or of a person previously deprived of their liberty who was released from custody shortly before dying.23 The reasons for a death in custody can be manifold, and many deaths may not involve any State or individual responsibility. Nevertheless, all deaths in custody must be registered and reported to the competent authorities,24 including deaths that appear to have happened due to natural causes or suicide.25 It is important to identify deaths caused by neglect or omission in order to prevent any concealment of illtreatment or another crime, to determine if the death could have been avoided, to identify systemic failings, and to prevent comparable situations from emerging in the future. • UN Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), paras. 20–22, 24, 50, 56–57, 75–78 • UN Revised Minnesota Protocol on the Investigation of Potentially Unlawful Death • Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (the Luanda Guidelines), part V • Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Principle XXIII • Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines),21 provisions 18–19, 49–50 • Guidelines of the Committee of Ministers of the Council of Europe on eradicating impunity for serious human rights violations • European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Combating Impunity, 14th General Report, 2004; and Documenting and Reporting Medical Evidence of Ill-Treatment, 23rd General Report, 2013 Every prison system should have a regulation in place outlining the necessary steps if an apparent death (where there are no signs of life) is discovered in a prison. These steps could comprise, for instance, the obligation to call emergency services, to stay with the casualty, or to attempt resuscitation until a healthcare professional arrives. Further, the securing of the cell or other place where a casualty was found as a possible crime scene should be regulated to ensure any evidence is preserved, as required by Rule 71 of the Nelson Mandela Rules. The Department of Corrective Services of Western Australia has a comprehensive policy directive in place on the procedures to follow in case of a death in custody. This directive includes a checklist intended as a guide to assist prison staff with their duties and required actions in the event of a death in custody.26 An incident report should be completed with the input of all staff members involved and an entry should be made in the prisoner file management system (which could be a journal on serious incidents or an electronic database).27 All documentation pertaining to the deceased detainee, including medical files, should be retained and other potential evidence, such as CCTV Penal Reform International and Association for the Prevention of Torture | Incident management and independent investigations |3

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