Human Rights and Pre-Trial Detention

Human Rights and Pre-Trial Detention
Depriving a person from his or her freedom is one of the most intrusive measures a State can take; it must be practiced in accordance with law and limited to specific circumstances. If detainees are deprived from their freedom they must be treated humanely. Security forces personnels should play a fundamental role in protecting human rights and ensuring the security and safety of detainees. The decision to detain or not to detain a person depends on many factors such as actual crime, the behavior of the suspect, and the experience and skill of the police officer.. This guide published by Geneva Institute for Human Rights is designed to meet the demand of Algerian Security forces to carry out their work effectively within an approach that respects human rights. This guide provides knowledge about human rights and the mechanisms that protect them to ensure that human rights and justice are respected, dignity is preserved, equality is achieved, and peace prevails. This guide is based on the essence of the legality of the procedures during the restriction of freedom must be based on three criteria:

  • Rule of law
  • Equality before the law / non-discrimination
  • Respect for privacy and dignity and the security and safety of the person whose freedom is restricted

The respect of human rights standards by Security Forces implies the compliance with the principles of human rights, the most important of which is non-abuse, the presumption of innocence and the absolute prohibition of torture and other cruel, inhuman or degrading treatment. The detainee shall be immediately informed of all his rights and the information necessary for the preparation of his defense.