Deprivation of liberty

In our legal system the main punishments are detention and arrest, which consist in the deprivation of liberty for a fixed period of time. Anything that exceeds the limits set by the constitution, however, is to be considered unlawful: either when the punishment is unjustified or disproportionate to the harm caused, or when it results in unexpected suffering or is transformed into inhuman or degrading treatment that constitutes an offence to human dignity.

Hence, a commitment must be made to introduce control mechanisms capable of intervening at all stages in the enforcement of the law against actual or presumed transgressors, from the act of detention to the execution of the sentence and with regard to both defence rights in the trial and the rights of the detainee in prison. This will involve a critical appraisal of criminal procedures and measures which appear to be contrary to the constitution and law, such as life imprisonment without the possibility of parole, the unjustified use of solitary confinement or other punitive measures and the abuse of special prison regimes.
And, on another level, maximum vigilance is required over the conduct of police forces when engaged in public order and territorial control functions, the custody of detainees and criminal investigation duties. Attention also needs to be focused on other forms of deprivation or suspension of liberty such as compulsory psychiatric treatment and administrative detention, as practised in migrant identification and expulsion centres.