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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")
(ADOPTED ON 5 MAY 1994)
(AS AMENDED ON 16 MARCH 1995)
(AS REVISED ON 14 JULY 1995)
(IT/38/REV.4)
CONTENTS
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")
(ADOPTED ON 5 MAY 1994)
(AS AMENDED ON 16 MARCH 1995)
(AS REVISED ON 14 JULY 1995)
(IT/38/REV.4)
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*;
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 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.
________________________________
* References to the location of the host prison and the
Detention unit have been deleted for security reasons.
BASIC PRINCIPLES
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 13
On arrival at the detention unit, the Commanding Officer shall
order that a detainees 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.
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 19
Each detainee shall be permitted unrestricted access to the sanitary,
hygiene and drinking water arrangements in his cell unit.
Rule 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
Rule 21
Detainees shall be required to keep themselves clean, and shall
be provided with such toilet articles as are necessary for health
and cleanliness.
Rule 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
Rule 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.
Rule 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
Rule 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
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 43
The Commanding Officer shall review all cases of individual segregation
of detainees at least once a week and report to the Registrar thereon.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 51
Instruments of restraint shall be removed at the earliest possible
opportunity.
Rule 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.
Rule 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.
Rule 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 officers opinion, shall be formally recorded
and made available to the detainee, in a language accessible to
him, to the Commanding Officer, to the President and to the Prosecutor.
Rule 55
A record shall be kept of every instance of the use of force against
a detainee.
Disturbances
Rule 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
Rule 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
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 62
A detainee shall be informed at once of the death or serious illness
of any near relative.
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 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 detainee,
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 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. 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
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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.
Rule 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
Rule 84
Each detainee may make a complaint to the Commanding Officer or
his representative at any time.
Rule 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.
Rule 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.
Rule 87
The right of complaint shall include confidential access to the
relevant authority pursuant to Rule 85.
Rule 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
Rule 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.
Rule 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.
Rule 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
Rule 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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