People, before being judged, are held in conditions of detention or internment. They are, in a way, at the mercy of the state. This situation makes them particularly vulnerable. In these situations, human rights require a fair judicial process in which for example, the presumption of innocence and the right to a capable defence are taken into account. People detained in preventative prison, people incarcerated, and people interned in psychiatric establishments or other institutions have to be treated humanely. The application of torture and cruel, inhumane and degrading treatment or punishment are absolutely prohibited. This principal should never be violated even in extreme cases.
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© 2005 by Federal Department of Foreign Affairs of Switzerland