The IRCT and several other justice and human rights organisations submitted comments suggesting amendments to General Comment No. 35 on Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which enshrines rights to liberty and freedom from arbitrary detention.

One particular area of concern for the IRCT and its partners is the lack of a strong link between Article 9 of the Covenant and Article 7, which prohibits the use of torture. In the submission to the UN it is noted that while the focus on state provided legal safeguards is welcome, the importance of providing these to prevent the often inevitable consequence of torture while in detention is not strong enough.

 “We urge the Committee to include a separate detailed stand-alone paragraph or paragraphs on safeguards [and] considering their very close links, this same paragraph should also refer to the importance of such safeguards for upholding the prohibition of torture and ill-treatment,” the group notes.

The IRCT and its partners also call for two additional safeguards to be added to the document, noting that while General Comment No. 35 highlights the importance of allowing for prompt and regular access to independent medical and legal professionals, there should be direct reference to the contact to a relative or third party to inform them about any arrest, and the importance of the right to consular assistance.

It is the view of the group that “without this safeguard, other safeguards, including obtaining access to an independent lawyer and doctor, may be illusory.”

The comments on the Covenant also address life imprisonment sentences, conditions of detention, and the detention of vulnerable prisoners including torture survivors – detention which can have “widespread and seriously damaging effects on the mental (and sometimes physical) health of those incarcerated.”