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In this March 16, 1995 document, the war crimes tribunal sets forth the rules for persons awaiting trial.
UNITED NATIONS
International Tribunal for the
Prosecution of Persons
Responsible for Serious Violations
of International Humanitarian Law
Committed in the Territory of
Former Yugoslavia since 1991
IT/38/Rev.4
16 March 1995
Original: English
RULES COVERING THE DETENTION OF PERSONS AWAITING TRIAL OR APPEAL
BEFORE THE TRIBUNAL OR OTHERWISE DETAINED ON THE AUTHORITY OF THE
TRIBUNAL
(ADOPTED ON 5 MAY 1994)
(AS AMENDED ON 16 MARCH 1995)
TABLE OF CONTENTS
PREAMBLE ................................................ 1
DEFINITIONS ............................................. 1
BASIC PRINCIPLES (Rules 1 - 8) ......................... 2
MANAGEMENT OF THE DETENTION UNIT ........................ 3
Reception (Rules 9 - 15) ................................ 3
Accommodation (Rules 16 - 20) ........................... 4
Personal hygiene (Rules 21 - 22) ........................ 5
Clothing (Rules 23 - 24)................................. 5
Food (Rule 25)........................................... 5
Physical exercise and sport (Rules 26 - 28) ............. 5
Medical services (Rules 29 - 36)......................... 5
Discipline (Rules 37 - 39)............................... 6
Segregation (Rules 40 - 44).............................. 7
Isolation unit (Rules 45 - 49)........................... 7
Instruments of restraint and
the use of force (Rules 50 - 55) .................... 8
Disturbances (Rule 56) .................................. 9
Suspension of the Rules of Detention (Rule 57) .......... 9
Information to detainees (Rules 58 - 59) ................ 9
RIGHTS OF DETAINEES ..................................... 9
Communications and visits (Rules 60 - 66) ............... 9
Legal assistance (Rule 67) ............................. 10
Spiritual welfare (Rules 68 - 71) ...................... 11
Work programme (Rules 72 - 73) ........................ 11
Recreational activities (Rules 74 - 77) ................ 11
Personal possessions of detainees (Rules 78 - 83) ...... 12
Complaints (Rules 84 - 88) ............................. 12
REMOVAL AND TRANSPORT OF DETAINEES (Rules 89 - 91) ..... 13
AMENDMENT OF THE RULES OF DETENTION (Rule 92) .......... 13
RULES GOVERNING THE DETENTION OF PERSONS AWAITING TRIAL OR APPEAL
BEFORE THE TRIBUNAL OR OTHERWISE DETAINED ON THE AUTHORITY OF THE
TRIBUNAL
("RULES OF DETENTION")
PREAMBLE
The purpose of these Rules of Detention is to govern the
administration of the detention unit for detainees awaiting trial or
appeal at the Tribunal or any other person detained on the authority
of the Tribunal and to ensure the continued application and protection
of their individual rights while in detention. The primary principles
on which these Rules of Detention rest reflect the overriding
requirements of humanity, respect for human dignity and the
presumption of innocence.
In particular, these Rules of Detention are intended to regulate, in
general terms, the rights and obligations of detainees at all stages
from reception to release, and to provide the basic criteria for
management of the detention unit.
DEFINITIONS
(i) In these Rules of Detention the following terms shall mean:
Bureau: the body comprised of the President, the Vice-President and
the Presiding Judges of the Trial Chambers established pursuant to
Rule 23 of the Rules of Procedure and Evidence;
Commanding Officer: the official of the United Nations appointed as
the head of the staff responsible for the administration of the
detention unit;
Detainee: any person detained awaiting trial or appeal before the
Tribunal, or being held pending transfer to another institution, and
any other person detained on the authority of the Tribunal;
Detention unit: the unit for detainees erected within the grounds of
the host prison;
General Director: the head of the host prison appointed by the
authorities of the Host State;
Host prison: the penitentiary complex maintained by the authorities of
the Host State and located at The Hague;
Host State: the Kingdom of the Netherlands;
Medical officer: the medical officer for the time being appointed by
agreement between the Registrar and the General Director of the host
prison;
Prosecutor: the Prosecutor appointed pursuant to Article 18 of the
Statute of the Tribunal adopted by Security Council resolution 827 of
25 May 1993, or any person authorized by him or acting under his
direction;
Registrar: the Registrar of the Tribunal appointed pursuant to
Article 17(3) of the Statute of the Tribunal, or any person authorized
by him or acting under his direction;
Rules of Procedure and Evidence: the Rules of Procedure and Evidence
of the Tribunal as adopted on 11 February 1994 or as subsequently
amended;
Staff of the detention unit: the staff employed by the United Nations
to run the detention unit;
Tribunal: the International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991,
established by Security Council resolution 827 of 25 May 1993.
(ii) In these Rules of Detention, the masculine shall include the
feminine and the singular the plural and vice-versa.
(iii) These Rules of Detention shall enter into force as of 1 August
1994.
BASIC PRINCIPLES
1. These Rules of Detention are to be applied in conjunction with the
relevant provisions of the Headquarters Agreement entered into between
the Host State and the United Nations and, in particular, the Annex on
matters relating to security and order.
2. The United Nations shall retain the ultimate responsibility and
liability for all aspects of detention pursuant to these Rules of
Detention. All detainees shall be subject to the sole jurisdiction of
the Tribunal at all times that they are so detained, even though
physically absent from the detention unit, until final release or
transfer to another institution. Subject to the overriding
jurisdiction of the Tribunal, the Commanding Officer shall have sole
responsibility for all aspects of the day-to-day management of the
detention unit, including security and order, and may make all
decisions relating thereto, except where otherwise provided in these
Rules of Detention.
3. These Rules of Detention shall be applied impartially. There shall
be no discrimination on grounds of race, colour, sex, language,
religion, political or other opinion, national, ethnic or social
origin, property, birth, economic or other status.
4. A detainee is entitled to observe the religious beliefs and moral
precepts of the group to which he belongs and that right shall be
respected at all times.
5. All detainees, other than those who have been convicted by the
Tribunal, are presumed to be innocent until found guilty and are to be
treated as such at all times.
6. The Bureau may, at any time, appoint a Judge or the Registrar of
the Tribunal to inspect the detention unit and to report to the
Tribunal on the general conditions of implementation of these Rules of
Detention or of any particular aspect thereof with a view to ensuring
that the detention unit is administered in accordance with the Rules
of Detention. In addition, there shall be regular and unannounced
inspections by inspectors whose duty it is to examine the manner in
which detainees are treated. The Bureau shall act upon all such
reports as it sees fit, in consultation with the relevant authorities
of the Host State where necessary.
7. These Rules of Detention and any regulations made hereunder shall
be made readily available to the staff of the detention unit in the
working languages of the Tribunal and that of the Host State.
8. These Rules of Detention and any regulations made hereunder shall
be made readily available to each detainee in those languages and in
the language of the detainee.
MANAGEMENT OF THE DETENTION UNIT
Reception
9. No person shall be received in the detention unit without a warrant
of arrest duly issued by a Judge or a Chamber of the Tribunal.
10. A complete, secure and current record shall be kept concerning
each detainee received. It shall include:
a. information concerning the identity of the detainee and his next of
kin;
b. the date of issue of the indictment against the detainee and of the
warrant of arrest;
c. the date and time of admission;
d. the name of counsel, if known;
e. the date, time and reason for all absences from the detention unit,
whether to attend at the Tribunal, for medical or other approved
reasons, or on final release or transfer to another institution.
11. All information concerning detainees shall be treated as
confidential and made accessible only to the detainee, his counsel and
persons authorized by the Registrar. The detainee shall be informed of
this fact upon his arrival at the detention unit.
12. As soon as practicable after admission, each detainee shall be
provided with information concerning legal, diplomatic and consular
representation available to him. The detainee shall be given the
opportunity at this time to notify, within reason, his family, his
counsel, the appropriate diplomatic or consular representative and, at
the discretion of the Commanding Officer, any other person, of his
whereabouts, at the expense of the Tribunal. The detainee shall be
asked at this time to name a person or authority to be notified of
special events affecting him.
13. On arrival at the detention unit, the Commanding Officer shall
order that a detainee's body and clothes may be searched for articles
that may constitute a danger to the security and proper running of the
detention unit, or which may constitute a danger to the detainee, any
other detainee or any member of the staff of the detention unit and
shall remove any such items.
14. An inventory shall be made of all money, valuables, clothing and
other effects belonging to a detainee which, under these Rules of
Detention or the rules of the host prison, he is not permitted to
retain. The inventory shall be signed by the detainee. All such items
shall be placed in safe custody or, at the request and expense of the
detainee, sent to an address provided by him. If the items are
retained within the detention unit, all reasonable steps shall be
taken by the .staff of the detention unit to keep them in good
condition. If it is found necessary to destroy an item, this shall be
recorded and the detainee informed.
15. Each detainee shall be examined by the medical officer or his
deputy on the day of admission and thereafter as necessary, with a
view particularly to the discovery of physical or mental illness and
the taking of all necessary measures for medical treatment and the
segregation of detainees suspected of infectious or contagious
conditions.
Accommodation
16. Each detainee shall occupy a cell unit by himself except in
exceptional circumstances or in cases where the Commanding Officer,
with the approval of the Registrar, considers that there are
advantages in sharing accommodation.
17. Each detainee shall be provided with a separate bed and with
appropriate bedding which shall be kept in good order and changed on a
regular basis so as to ensure its cleanliness.
18. The detention unit shall, at all times, meet all requirements of
health and hygiene, due regard being paid to climatic conditions,
lighting, heating and ventilation.
19. Each detainee shall be permitted unrestricted access to the
sanitary, hygiene and drinking water arrangements in his cell unit.
20. All parts of the detention unit shall be properly maintained and
kept clean at all times. In particular, each detainee shall be
expected to keep his cell unit clean and tidy at all times.
Personal hygiene
21. Detainees shall be required to keep themselves clean, and shall be
provided with such toilet articles as are necessary for health and
cleanliness.
22. Facilities shall be provided by the host prison for the proper
care of the hair and beard, and male detainees shall be enabled to
shave regularly.
Clothing
23. Detainees may wear their own civilian clothing if, in the opinion
of the Commanding Officer, it is clean and suitable. An indigent
detainee shall be provided with suitable and sufficient civilian
clothing at the cost of the Tribunal.
24. All clothing shall be clean and kept in proper condition.
Underclothing shall be changed and washed as often as necessary for
the maintenance of hygiene, in accordance with the regime of the host
prison.
Food
25. The host prison shall provide each detainee at the normal hours
with food which is suitably prepared and presented, and which
satisfies in quality and quantity the standards of dietetics and
modern hygiene and takes into account the age, health, religious and,
as far as possible, cultural requirements of the detainee.
Physical exercise and sport
26. Each detainee shall be allowed at least one hour of walking or
other suitable exercise in the open air daily, if the weather permits.
Where possible, arrangements may be made with the General Director for
use by detainees of indoor and outdoor sporting facilities outside the
detention unit but within the host prison.
27. A properly organized programme of physical education, sport and
other recreational activities shall be arranged by the Commanding
Officer to ensure physical fitness, adequate exercise and recreational
opportunities.
28. The Commanding Officer, acting on the advice of the medical
officer, shall ensure that any detainee who participates in.such a
programme is physically fit to do so. Special arrangements shall be
made, under medical direction, for remedial or therapeutic treatment
for any detainee who is unable to participate in the regular
programme.
Medical services
29. The medical services of the host prison, including psychiatric and
dental care, shall be fully available to detainees, subject to any
practical arrangements made with the General Director. A person
capable of providing first-aid shall be present at the detention unit
at all times.
30. Detainees may be visited by, and consult with, a doctor or dentist
of their choice at their own expense. All such visits shall be made by
prior arrangement with the Commanding Officer as to the time and
duration of the visit and shall be subject to the same security
controls as are imposed under Rule 63. The Commanding Officer shall
not refuse a request for such a visit without reasonable grounds. Any
treatment or medication recommended by such a doctor or dentist shall
be administered solely by the medical officer or his deputy. The
medical officer may, in his sole discretion, refuse to administer any
such treatment or medication.
31. Detainees who require specialist or in-patient treatment shall be
treated within the host prison to the fullest extent possible or
transferred to a civil hospital.
32. The Registrar shall be informed immediately upon the death or
serious illness or injury of a detainee. The Registrar shall
immediately inform the spouse or nearest relative of the detainee and
shall, in any event, inform any other person previously designated by
the detainee. In the event of the death of a detainee, an inquest will
be conducted in accordance with the legal requirements of the Host
State. The President may also order an inquiry into the circumstances
surrounding the death or serious injury of any detainee.
33. The medical officer shall have the care of the physical and mental
health of the detainees and shall see, on a daily basis or more often
if necessary; all sick detainees. all who complain of illness and any
detainee to whom his attention is specially directed.
34. The medical officer shall report to the Commanding Officer
whenever he considers that the physical or mental health of a detainee
has been or will be adversely affected by any condition of his
detention. The Commanding Officer shall immediately submit the report
to the Registrar who, after consultation with the President, shall
take all necessary action.
35. A competent authority appointed by the Tribunal pursuant to Rule 6
shall regularly inspect the detention unit and advise the Commanding
Officer and the Registrar upon:
a. the quantity, quality, preparation and serving of food;
b. the hygiene and cleanliness of the detention unit and of the
detainees;
c. the sanitation, heating, lighting and ventilation of the detention
unit;
d. the suitability and cleanliness of the detainees' clothing and
bedding.
36. The Registrar shall, if he concurs with the recommendations made,
take immediate steps to give effect to those recommendations; if he
does not concur with them, he shall immediately submit both a
personal. report and a copy of the recommendations to the Tribunal
Discipline
37. Discipline and order shall be maintained by the staff of the
detention unit in the interests of safe custody and the well-ordered
running of the detention unit.
38. The Commanding Officer, in consultation with the Registrar, shall
issue regulations:
a. defining conduct constituting a disciplinary offence;
b. regulating the type of punishment that can be imposed;
c. specifying the authority that can impose such punishment;
d. providing for a right of appeal to the President.
39. The disciplinary regulations shall provide a detainee with the
right to be heard on the subject of any offence which he is alleged to
have committed.
Segregation
40. The Registrar, acting on the request of the Prosecutor, or on his
own initiative, and after seeking medical advice, may order that a
detainee be segregated from all or some of the other detainees so as
to avoid any potential conflict within the detention unit, or danger
to the detainee in question.
41. At any time, the Commanding Officer may also order that a detainee
be segregated from some or all of the other detainees for the
preservation of security and good order in the detention unit or for
the protection of the detainee in question. The Commanding Officer
shall report all incidents of segregation to the medical officer who
shall confirm the physical and mental fitness of the detainee for such
segregation. Segregation is not to be used as a disciplinary measure.
42. A detainee may ask to be segregated from all or some of the other
detainees. Upon receipt of such a request, the Commanding Officer
shall consult the medical officer to determine whether such
segregation is medically acceptable. A request for segregation will be
granted unless, in the opinion of the medical officer, such
segregation would be injurious to the mental or physical health of the
detainee.
43. The Commanding Officer shall review all cases of individual
segregation of detainees at least once a week and report to the
Registrar thereon.
44. The Commanding Officer may organize the use of communal areas of
the detention unit so as to segregate certain groups of detainees from
others in the interests of the safety of the detainees and the proper
conduct and operation of the detention unit. If such segregation is
put into practice, care shall be taken to ensure that all such
groupings are treated on an equal basis, having regard to the number
of detainees falling within each group. All such segregations must be
reported to the Tribunal, which may vary the nature, basis or
conditions of such segregation.
Isolation unit
45. A detainee may be confined to the isolation unit only in the
following circumstances:
a. by order of the Registrar, acting in consultation with the
President; such an order may be based upon a request from any
interested person, including the Prosecutor;
b. by order of the Commanding Officer in order to prevent the detainee
from inflicting injury on other detainees or to preserve the security
and good order of the detention unit;
c. as a punishment pursuant to Rule 38.
A record shall be kept of all events concerning a detainee confined to
the isolation unit.
46. All cases of use of the isolation unit shall be reported to the
medical officer who shall confirm the physical and mental fitness of
the detainee for such isolation. A detainee who has been confined to
the isolation unit shall be visited by the medical officer or his
deputy as often as the medical officer deems necessary.
47. A detainee who has been confined to the isolation unit may at any
time request a visit from the medical officer, such visit to be made
as soon as possible and, in any event, within twenty-four hours of the
request.
48. All cases of use of the isolation unit shall be reported to the
Registrar immediately, who shall report the matter to the President.
The President may order the release of a detainee from the isolation
unit at any time.
49. In principle, no detainee may be kept in the: isolation unit for
more than seven consecutive days. If further isolation is necessary,
the Commanding Officer shall report the matter to the Registrar before
the end of the seven-day period and the medical officer shall confirm
the physical and mental fitness of the detainee to continue such
isolation for a further period not to exceed seven days. Each and
every extension of use of the isolation unit shall be subject to the
same procedure.
Instruments of restraint and the use of force
50. Instruments of restraint, such as handcuffs, shall only be used in
the following exceptional circumstances:
a. as a precaution against escape during transfer from the detention
unit to any other place, including access to the premises of the host
prison for any reason;
b. on medical grounds by direction and under the supervision of the
medical officer;
c. to prevent a detainee from self-injury, injury to others or to
prevent serious damage to property.
In all incidents involving the use of instruments of restraint, the
Commanding Officer shall consult the medical officer and report to the
Registrar, who may report the matter to the President.
51. Instruments of restraint shall be removed at the earliest possible
opportunity.
52. If the use of any instrument of restraint is required under Rule
50, the restrained detainee shall be kept under constant and adequate
supervision.
53. The staff of the detention unit shall not use force against a
detainee except in self-defence or in cases of attempted escape or
active or passive resistance to an order based upon these Rules of
Detention or any regulations issued hereunder. Staff who have recourse
to force must use no more than is strictly necessary and must report
the incident immediately to the Commanding Officer, who shall provide
a report on the matter to the Registrar.
54. A detainee against whom force has been used shall have the right
to be examined immediately and treated, if necessary, by the medical
officer. The medical examination shall be conducted in private and in
the absence of any non-medical staff. The results of the examination,
including any relevant statement by the detainee and the medical
officer's opinion, shall be formally recorded and made avail,able to
the detainee, in a language accessible to him, to the Commanding
Officer, to the President and to the Prosecutor.
55. A record shall be kept of every instance of the use of force
against a detainee.
Disturbances
56. If, in the opinion of the Commanding Officer, a situation exists
or is developing which threatens the security and good order of the
detention unit, the Commanding Officer shall contact the General
Director who will request the immediate assistance of the authorities
of the Host State to maintain control within the detention unit. All
such requests must be reported to the Registrar and the President
immediately.
Suspension of the Rules of Detention
57. If there is serious danger of disturbances occurring within the
detention unit or the host prison, the Commanding Officer or the
General Director, as appropriate, may temporarily suspend the
operation of all or part of these Rules of Detention for a maximum of
two days. Any such suspension must be reported to the Registrar
immediately. Thereupon, the President, acting in consultation with the
Bureau, shall consult with the relevant authorities of the Host State
and take such action in connection therewith as may be seen fit at the
time
Information to detainees
58. In addition to the copies of these Rules of Detention and any
regulations to be provided to each detainee pursuant to Rule 8, each
detainee shall on admission be provided with written information in
the working languages of the Tribunal or in his own language
concerning the rights and treatment of detainees, the disciplinary
requirements of the detention unit, the authorized methods of seeking
information and making complaints, and all other matters necessary to
enable him to understand both his rights and obligations and to adapt
himself to the routine of the detention unit.
59. At any time at which there is a detainee in the detention unit who
speaks and understands neither of the working languages of the
Tribunal nor that spoken by any of the staff of the detention unit,
arrangements shall be made for an interpreter to be available on
reasonable notice and, in any event, in cases of emergency, to permit
the detainee to communicate freely with the staff and administration
of the detention unit.
RIGHTS OF DETAINEES
Communications and visits
60. Subject to the provisions of Rule 66, detainees shall be entitled,
under such conditions of supervision and time-restraints as the
Commanding Officer deems necessary, to communicate with their families
and other persons with whom it is in their legitimate interest to
correspond by letter and by telephone at their own expense. In the
case of an indigent detainee, the Registrar may agree that the
Tribunal will bear such expenses within reason.
61. All correspondence and mail, including packages, shall be
inspected for explosives or other irregular material. The Commanding
Officer, in consultation with the Registrar, shall lay down conditions
as to the inspection of correspondence, mail and packages in the
interests of maintaining order in the detention unit and to obviate
the danger of escape.
62. A detainee shall be informed at once of the death or serious
illness of any near relative.
63. Detainees shall be entitled to receive visits from family, friends
and others, subject only to the provisions of Rule 66 and to such
restrictions and supervision as the Commanding Officer, in
consultation with the Registrar, may impose. Such restrictions and
supervision must be necessary in the interests of the administration
of justice or the security and good order of the host prison and the
detention unit. All visitors must also comply with the separate
requirements of the visiting regime of the host prison. These
restrictions may include personal searches of clothing and X-ray
examination of possessions on entry to either or both of the detention
unit and the host prison. Any person, including defence counsel for a
detainee or a diplomatic or consular representative accredited to the
Host State, who refuses to comply with such requirements, whether of
the detention unit or of the host prison, may be refused access.
64. A detainee must be informed of the identity of each visitor and
may refuse to see any visitor other than a representative of the
Prosecutor.
65. Detainees shall be allowed to communicate with and receive visits
from the diplomatic and consular representative accredited to the Host
State of the State to which they belong or, in the case of detainees
who are without diplomatic or consular representation in the Host
State and refugees or stateless persons, with the diplomatic
representative accredited to the Host State of the State which takes
charge of their interests or of a national or international authority
whose task it is to serve the interests of such persons.
66. The Prosecutor may request the Registrar or, in cases of
emergency, the Commanding Officer, to prohibit contact between a
detainee and any other person if he has reasonable grounds for
believing that such contact is for the purposes of attempting to
arrange the escape of the detainee from the detention unit, or could
prejudice or otherwise affect the outcome of the proceedings against
the detainee, or of any other investigation, or that such contact
could be harmful to the detainee or any other person. If the request
is made to the Commanding Officer on grounds of urgency, the
Prosecutor shall immediately inform the Registrar of the request,
together with the reasons therefor. The detainee shall immediately be
informed of the fact of any such request. A detainee may at any time
request the President to deny or reverse such a request for
prohibition of contact.
Legal assistance
67. Each detainee shall be entitled to communicate fully and without
restraint with his defence counsel, with the assistance of an
interpreter where necessary. Unless such counsel and interpreter have
been provided by the Tribunal on the basis of the indigency of the
detainees all such communications shall be at the expense of the
detainee. All such correspondence and communications shall be
privileged. All visits shall be made by prior arrangement with the
Commanding Officer as to the ti.me and duration of the visit and shall
be subject to the same security controls as are imposed under Rule 63.
The Commanding Officer shall not refuse a request for such a visit
without reasonable grounds. Interviews with legal counsel and
interpreters shall be conducted in the sight but not within the
hearing, either direct or indirect, of the staff of the detention
unit.
Spiritual welfare
68. Every detainee shall be entitled to indicate, on arrival at the
detention unit or thereafter, whether he wishes to establish contact
with any of the ministers or spiritual advisers of the host prison.
69. A qualified representative of each religion or system of beliefs
held by any detainee shall be appointed and approved by the Bureau.
Such representative shall be permitted to hold regular services and
activities within the detention unit and to pay pastoral visits to any
detainee of his religion, subject to the same considerations of the
security and good order of the detention unit and of the host prison
as apply to other visits.
70. Access to a representative of any religion shall not be refused to
any detainee, subject only to the same restrictions and conditions
provided for in Rule 63. A detainee may refuse to see any such
religious representative.
71. So far as is practicable, every detainee shall be allowed to
satisfy the needs of his religious, spiritual and moral life by
attending services or meetings held in the detention unit and having
in his possession any necessary books or literature. By arrangement
with the General Director, a detainee may, on request, be permitted to
visit any religious facility within the grounds of the host prison.
Work programme
72. The Commanding Officer, after consultation with the General
Director, and as far as is practicable, shall institute a work
programme to be performed by detainees either in the individual cell
units or in the communal areas of the detention unit.
73. Detainees shall be offered the opportunity to enrol in such work
programme but shall not be required to work. A detainee who chooses to
work shall be paid for his work at rates to be established by the
Commanding Officer in consultation with the Registrar and may use part
of his earnings to purchase articles for his own use pursuant to Rule
82. The balance of any monies earned shall be held to his account in
accordance with Rule 14.
Recreational activities
74. Detainees shall be allowed to procure at their own expense books,
newspapers, reading and writing materials and other means of
occupation as are compatible with the interests of the administration
of justice and the security and good order of the detention unit and
of the host prison.
75. In particular, detainees shall be entitled to keep themselves
regularly informed of the news by reading newspapers, periodicals and
other publications and by radio and television broadcasts, all
necessary equipment to be provided at their own expense. The
Commanding Officer may refuse the installation of any such equipment
which he considers to be a potential risk to the safety and good order
of the detention unit or to any of the detainees.
76. If, in the opinion of the Prosecutor, the interests of justice
would not be served by allowing a particular detainee unrestricted
access to the news, or that such unrestricted access could prejudice
the outcome of the proceedings against the detainee or of any other
investigation, the Prosecutor may request the Registrar, or in cases
of urgency, the Commanding Officer to restrict such access. If the
request is made to the Commanding Officer on grounds of urgency, the
Prosecutor shall immediately inform the Registrar of the request,
together with the reasons therefor. The detainee shall immediately be
informed of the fact of any such request. A detainee may at any time
request the President to deny or reverse such a request for
restriction of access.
77. By arrangement with the General Director, detainees may use the
library and such vocational or other facilities of the host prison as
may be made available.
Personal possessions of detainees
78. A detainee may keep in his possession all clothing and personal
items for his own use or consumption unless, in the opinion of the
Commanding Officer or the General Director, such items constitute a
threat to the security or good order of the detention unit or the host
prison, or to the health or safety of any person therein. All items so
removed shall be retained by the staff of the detention unit as
provided for in Rule 14.
79. Any item received from outside, including any item introduced by
any visitor to a detainee, shall be subject to separate security
controls by both the detention unit and the host prison and may be
transported through the host prison to the detention unit by staff of
either the detention unit or of the host prison. The General Director
may refuse access to the host prison of any item intended for
consumption by detainees.
80. As far as practicable, any item received for a detainee from
outside shall be treated as provided for in Rule 14 unless intended
and permitted under these Rules of Detention and the rules of the host
prison for use during imprisonment.
81. The possession and use of any medication shall be subject to the
control and supervision of the medical officer. Detainees may possess
cigarettes and smoke them at such times and places as the Commanding
Officer permits. The possession or consumption of alcohol is not
permitted.
82. Each detainee shall be authorized to spend his own money to
purchase items of a personal nature from the store operated by the
host prison. In the case of an indigent detainee, the Registrar may
authorize the purchase of such items, within reason, for the account
of the Tribunal. Detainees shall have the right to purchase such items
within seven days of arrival and at least once a week thereafter.
83. On release of the detainee from the detention unit, or transfer to
another institution, all articles and money retained within the
detention unit shall be returned to the detainee except in so far as
he has been authorized to spend money or send such property out of the
detention unit, or it has been found necessary on hygienic grounds to
destroy any article of clothing. The detainee shall sign a receipt for
the articles and money returned to him.
Complaints
84. Each detainee may make a complaint to the Commanding Officer or
his representative at any time.
85. A detainee, if not satisfied with the response from the Commanding
Officer, has the right to make a written complaint, without
censorship, to the Registrar, who shall forward it to the President
86. Each detainee may freely communicate with the competent inspecting
authority. During an inspection of the detention unit, the detainee
shall have the opportunity to talk to the inspector out of the sight
and hearing of the staff of the detention unit.
87. The right of complaint shall include confidential access to the
relevant authority pursuant to Rule 85.
88. Every complaint made to the Registrar shall be acknowledged within
twenty-four hours. Each complaint shall be dealt with promptly and
replied to without delay and, in any event, no later than two weeks of
receipt.
REMOVAL AND TRANSPORT OF DETAINEES
89. When detainees are being removed to or from the detention unit,
they shall be exposed to public view as little as possible and all
proper safeguards shall be adopted to protect them from insult,
injury, curiosity and publicity in any form.
90. Detainees shall at all times be transported in vehicles with
adequate ventilation and light and in such a way as will not subject
them to unnecessary physical hardship or indignity.
91. The transport of detainees through the host prison shall be
conducted jointly by personnel of the detention unit and of the host
prison.
AMENDMENT OF THE RULES OF DETENTION
92. Proposals for amendment of the Rules of Detention may be made by a
Judge, the Prosecutor or the Registrar and shall be adopted if agreed
to by not less than seven Judges at a plenary meeting of the Tribunal
convened with notice of the proposal addressed to all Judges. An
amendment to the Rules of Detention may be otherwise adopted, provided
it is unanimously approved by the Judges. Any such. amendment shall
enter into force immediately unless the Tribunal decides otherwise.
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