• VOLUME 130


• DETENTION UNDER INTERNATIONAL LAW:


• SAFEGUARDS AGAINST TORTURE AND OTHER ABUSES




• Introduction and Commentary by Kristen Boon


• A. GENERAL PRINCIPLES




• DOCUMENT NO. 1: Standard Minimum Rules for the Treatment of Prisoners, Aug. 15, 1955


• DOCUMENT NO. 2: The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, December 9, 1988


• B. TORTURE




• DOCUMENT NO. 3: Gäfgen v. Germany, 22978/05, Grand Chamber, European Court of Human Rights, June 1, 2010


• DOCUMENT NO. 4: United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984


• DOCUMENT NO. 5: Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 9, 1975


• DOCUMENT NO. 6: Inter-American Convention to Prevent and Punish Torture, December 9, 1985


• DOCUMENT NO. 7: Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa ("Robben Island Guidelines"), African Commission, October 2002


• DOCUMENT NO. 8: CPT Standards, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 2006


• DOCUMENT NO. 9: Human Rights Committee, General Comment No. 20: Replaces General Comment 7 concerning prohibition of torture and cruel treatment or punishment (Article 7), October 3, 1992


• DOCUMENT NO. 10: Human Rights Committee, General Comment No. 31: Nature of the General Legal Obligation Imposed on States Parties to the Covenant, March 29, 2004


• DOCUMENT NO. 11: Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Inter-American Commission on Human Rights, Organization of American States, March 13, 2008


• DOCUMENT NO. 12: United Nations Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules"), November 29, 1985


• DOCUMENT NO. 13: United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ("Bangkok Rules"), October 15, 2010


• DOCUMENT NO. 14: Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, December 18, 2002


• DOCUMENT NO. 15: Fourth Annual Report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, February 3, 2011


• DOCUMENT NO. 16: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, August 30, 2005


• DOCUMENT NO. 17: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez, Human Rights Council, February 3, 2011


• DOCUMENT NO. 18: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez, Human Rights Council, January 18, 2012


• DOCUMENT NO. 19: Istratii v. Moldova, 8721/05, 8705/05, and 8742/05, European Court of Human Rights, June 27, 2007


• DOCUMENT NO. 20: Chahal v. The United Kingdom, 70/1995/576/662, European Court of Human Rights, November 11, 1996


• C. ENFORCED DISAPPEARANCES


• DOCUMENT NO. 21: International Convention for the Protection of All Persons from Enforced Disappearance, December 20, 2006


• DOCUMENT NO. 22: Declaration on the Protection of All Persons from Enforced Disappearance, December 18, 1992


• DOCUMENT NO. 23: Human Rights Council Resolution 16/16: Enforced or Involuntary Disappearances, April 12, 2011


• DOCUMENT NO. 24: Kurt v. Turkey, 24276/94, European Court of Human Rights, May 25, 1998


• DOCUMENT NO. 25: Bazorkina v. Russia, 69481/01, European Court of Human Rights, November 12, 2006


• DOCUMENT NO. 26: Velásquez Rodríguez Case, 7920, Inter-American Court of Human Rights, July 29, 1988


• DOCUMENT NO. 27: Mojica v. Dominican Republic, 449/1991, United Nations Human Rights Committee, August 10, 1994


• DOCUMENT NO. 28: Bámaca Velásquez v. Guatemala, Inter-American Court of Human Rights, November 25, 2000

Douglas Lovelace, Jr. is the Director of the Strategic Studies Institute at the US Army War College. Earlier in his military career, he worked on national security directives. He holds an MBA degree from Embry Riddle Aeronautical University and a JD from Widener School of Law.
Kristen E Boon is Director of International Programs at Seton Hall University School of Law. Her writings have appeared in the Vanderbilt Journal of Transnational Law and the New York University Journal of International Law. A former clerk to the Supreme Court of Canada's Justice Ian Binnie, she holds an M.A. in Political Science from McGill University and a J.D. from New York University School of Law.

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Volume 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions from multinational and regional bodies and human rights courts that discuss the mistreatment of prisoners and enforced disappearances. This volume addresses the need to eradicate the abuse of alleged criminals in detention, including suspected terrorists, and the continued role of the United Nations, regional human rights systems, and local laws to define and eliminate these practices already prohibited by international law.