Abstract
This chapter considers the rights of detainees as largely positive rights that complement the prohibitions of torture and ill-treatment. The effects of securing respect for these rights are to prevent or remedy arbitrary detention, to ensure humane treatment of detainees, and to contribute to the protection of the right to a fair trial. Arbitrary arrest, detention or exile is prohibited under article 9 of the Universal Declaration. Juveniles in detention enjoy the same basic rights as adults but there are also specific international standards on the protection of juvenile detainees. Under these circumstances it is clearly of vital importance that powers of arrest and detention should only be enhanced to the extent strictly required by the exigencies of the situation; that those enhanced powers should be exercised in a strictly lawful manner.Keywords: arbitrary arrest prohibition; derogation; juvenile detainee treatment; non-treaty instruments; police officials; public emergencies; right to humane treatment; rights of detainees
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