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Detention

Summary

 

Companies can only detain individuals if they have been contracted by the state, and only with personnel properly trained, including on applicable national and international law.

 


 

The Code

 

33. Signatory Companies will only, and will require their Personnel to only guard, transport, or question detainees if:

 

(a)  The Company has been specifically contracted to do so by a state; and

 

(b)  Its Personnel are trained in the applicable national and international law. Signatory Companies will, and will require that their Personnel, treat all detained persons humanely and consistent with their status and protections under applicable human rights law or international humanitarian law, including in particular prohibitions on torture or other cruel, inhuman or degrading treatment or punishment.

 


 

Resources

 

1. Working Group on Arbitrary Detention - OHCHR

 

2. Human Rights and Arrest / Pre-trial Detention and Administrative Detention - OHCHR


3. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment – OHCHR

 

4. Right to human treatment in detention – Australian Government Attorney-General’s Department

 

5. PSC.1-2012 (R-2017): Management System for Quality of Private Security Company Operations – Requirements with Guidance (PSC.1), section 9.5 - ANSI/ASIS

 

6. 2017 Commentary to the Geneva Conventions (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Article 3, paragraph F, subparagraph 1 (572-586), and paragraph H (739-750) – ICRC