Fair Treatment of Persons in Police Custody: An Introduction

Police authorities are entitled, if certain conditions are met, to deprive persons of their liberty. Such power brings with it the responsibility to treat the affected persons decently and with dignity. Although this is a requirement of international law, which, in addition, expressly prohibits any ill-treatment or torture, police forces in many countries do not always live up to their high responsibility. This presents a legal and ethical challenge: if a fundamental norm like the prohibition of torture is not implemented, the Rule of Law is undermined, and governments will lose their credibility and authority. The ability of victims to institute proceedings on the national or international level, while necessary, has proven insufficient to bridge the gap between law and reality. Recognizing this challenge, the international community has established specific mechanisms for preventing torture and ill-treatment in recent decades. Experience shows that many activities may be successfully taken to improve the situation of detainees and preserve their dignity. The chapters of this book, which are outlined below, describe various problem areas as well as approaches how to ensure the fair treatment of persons in police custody.