Being in charge of persons deprived of their liberty (in any context)
Convention rights and issues I need to consider
Articles 2 Right to life, 3 Prohibition of torture, 5 Right to liberty, 8 Respect for private and family life,
14 Prohibition of discrimination, 34 Right of individual application, Protocol No. 4 Article 2 Freedom of movement
- Have less severe measures than deprivation of liberty been considered and found insufficient?
- Are the conditions where the person is being held adequate as to cleanliness, food and bedding and not overcrowded?
- Where persons belonging to vulnerable minority groups are detained, are they being treated without discrimination?
- Have all necessary and reasonable steps been taken to assess the detainee's medical condition, especially if there is an indication that they may have been injured?
- Are detainees assessed early on for risk of self-harm and those found to be at such risk regularly monitored?
- Are detainees protected from violence at the hands of other detainees?
- Are vulnerable detainees (due to illness, disability, age, sexual orientation etc.) given appropriate care and protection?
- Are detainees given the right to correspond, especially with their lawyers and the courts?
- Is any interference with this right lawful, for a legitimate permitted aim and proportionate?
- Is the right of detainees to apply to the European Court of Human Rights hindered in any way?
- Have remand prisoners been fully informed of the nature and cause of the accusation against them?
- Have they been given adequate time and facilities, especially access in private to their lawyers, to prepare their defence?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?