Chapter 6 Detention matters

• Author: International Criminal Court
• Pages: 42-47

42

Regulations of the Court

Chapter 6

Detention matters

Section 1 General provisions

Regulation 89

Scope of this chapter

The detention of person s detained by the Court under t he Statute shall be governed by the

provisions of t his chapter.

Regulation 90

Management of the detention centre

1. Subject to the Statute, Rules a nd these Regul ations, the Regist rar shall hav e overall

responsibil ity for all aspec ts of management of the detention cent re, including secu rity

and order, and shall ma ke all decisions relati ng thereto.

2. The day-to-day fulf‌i lment of the funct ions described i n sub-regulation 1 sh all be

delegated to the Chief Cus tody Off‌icer. The Chief Cus tody Off‌icer may, as appropriate,

delegate specif‌ic f unctions to other persons.

Regulation 91

Treatment of detained persons

1. All deta ined persons shall be t reated with humanit y and with respect for the in herent

dignit y of the human person.

2. There shall b e no discriminat ion of detained persons on grou nds of gender, age, race,

colour, languag e, religion or belief, polit ical or other opinion, nation al, ethnic or soci al

origin, wea lth, birt h or other status. Meas ures applied under these Reg ulations and

the Regulat ions of the Regist ry to protect the r ights and special s tatus of part icular

categories of detai ned persons shall not be deemed to be di scriminatory.

Regulation 92

Conf‌identiality of the detent ion record

1. The detention record of each deta ined person shall be conf‌ident ial.

2. The detention record shall be made acce ssible to the detained per son, his or her

counsel and pers ons authorised by the Regist rar, save as regards such in formation as

the Chief Custod y Off‌icer, in consult ation with the Reg istrar, determ ines should be

withheld in t he interests of the proper management of the detent ion centre.

3. A Chamber m ay, proprio motu or at the request of any interested per son, order that the

detention record or part t hereof be withheld or disclos ed.

4. The deta ined person shall be i nformed of any request for access to h is or her detention

record and shall b e given the opport unity to be hea rd or to submit his or her v iews.

In exceptiona l circumstances suc h as in an emergency, an order may be made prior to

the detained per son being informed of t he request. In such a case, the deta ined person

shall, as so on as practicable, be info rmed and shall be g iven the opport unity to be

heard or to submit his o r her views.