Turin's CIE - International University College of Turin

iv.
The length of the detention must not exceed that reasonably required for the
purpose pursued.
International human rights law contains strong standards for the conditions of detentionstandards
which, inter alia, prescribe the place of detention, social and medical facilities and the
protection of detainees from violence while detained. One of the strongest protections is the
fundamental international principle on the prohibition of cruel, inhuman and degrading
treatment, a prohibition enunciated in a catena of international instruments, including Article 7
ICCPR 15 . Furthermore, Article 10(1) ICCPR emphasises:
“10(1) All persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.”
As noted by the Human Rights Committee, Article 10(1) is a further protection for detainees,
which remains relevant regardless of whether the treatment in question also breaches the
Article 7 ICCPR prohibition on cruel, inhuman and degrading treatment 16 . Moreover, the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment’s CPT Standards 17 , the UN Standard Minimum Rules on the Treatment of
Prisoners, the UNHCR Revised Guidelines on Detention of Asylum Seekers, the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment and the United
Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders are all relevant and controlling instruments governing the standards of detention
conditions.
15 Relevant provisions of international human rights law prohibiting inhumane or degrading treatment include:
International Convention of Civil and Political Rights, Article 7; Convention Against Torture and Inhuman or
Degrading Treatment or Punishment, Article 16; European Convention for the Protection of Human Rights and
Fundamental Freedoms, Article 3. For additional human rights instruments on inhumane or degrading
treatment, which are not applicable law in Italy, see: Organisation of American States, American Convention on
Human Rights, opened for signature 22 November 1969, OASTS 36, 9 ILM 673 (1970) (entered into force 18
July 1978), Article 5; Organisation of African Unity, African [Banjul] Charter on Human and Peoples' Rights,
adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982) (entered into force 21 October
1986), Article 5; and League of Arab States, Arab Charter on Human Rights, opened for signature 22 May
2004, reprinted in 12 Int'l Hum. Rts. Rep. 893 (2005) (entered into force 15 March 2008), Article 8.
16 Manfred Nowak, UN Covenant on Civil and Political Rights Commentary, 2005, N.P. Engel Publisher, 2 nd
revised ed., 245-250.
17 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, CPT Standards, CPT/Inf/E (2002) 1 – Rev. 2011. The European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT) was established pursuant to Article 1 of the
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,
opened for signature 26 November 1987, ETS 126 (entered into force 1 February 1989). The CPT’s role in the
Council of Europe system is to protect human rights, as a proactive but non-judicial mechanism that works
alongside the reactive mechanism of the European Court of Human Rights.
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