Basic legal and procedural safeguards should be guaranteed to all persons deprived of their liberty. It is good practice for basic legal and procedural safeguards to be written down in a law or even in the constitution or other bill of rights.
As the risk of torture and ill-treatment is higher during the first hours of deprivation of liberty, fundamental safeguards include, from the earliest moment:
- notifying a family member or a third party,
- having access to a lawyer and possibly to have the lawyer present during interrogation, and
- having access to a medical doctor.
The detainee should be informed of these rights in a language that he or she can understand.
Other essential safeguards for torture prevention are:
- the right to remain silent,
- the right to be brought before a magistrate or judge within a reasonable period of time (for persons detained on a criminal charge), and
- the right to challenge the legality of their detention and treatment.