ANNEX 2
INTERNATIONAL LEGAL STANDARDS FOR THE TREATMENT
OF OFFENDERS
General Principles
1. Every human being has the inherent right to life
(Universal Declaration of Human Rights ("UDHR"), Article
3; International Covenant on Civil and Political Rights ("ICCPR")
Article 6; European Convention on Human Rights ("ECHR")
Article 2).
2. Everyone has the right to liberty and security
of their person. No one shall be subjected to arbitrary arrest
or detention (UDHR Articles 3 and 9, ICCPR Article 9(1); ECHR
Article 5(1)).
3. Torture, cruel, inhuman or degrading treatment
or punishment is prohibited absolutely (UDHR Article 5; ICCPR
Article 7; Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment ("CAT") Article
2(1); Convention on the Rights of the Child ("CRC")
Article 37(a); ECHR Article 3).
4. Torture includes deliberate inhuman treatment
causing very serious and cruel suffering (Ireland v UK (1978)
2 EHRR 25, ECtHR) which has a purpose, such as the obtaining of
information or confession, or the infliction of punishment (The
Greek Case (1969) 12 Yearbook 1; Aksoy v Turkey (1996)
23 EHRR 553).
Detention
5. All persons under any form of detention or imprisonment
shall be treated in a humane manner and with respect for the inherent
dignity of the human person (ICCPR Article 10; CRC Article 37(c);
UN Basic Principles for the Treatment of Prisoners, Article 1;
UN Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment (UN Body of Principles),
Principle 1).
6. There shall be no restriction upon or derogation
from any of the human rights of persons under any form of detention
or imprisonment recognised or existing in any State pursuant to
law, conventions, regulations or custom on the pretext that this
Body of Principles does not recognise such rights or that it recognises
them to a lesser extent (UN Body of Principles, Principle 3).
7. Persons deprived of their liberty may not be subjected
to torture or other cruel, inhuman or degrading treatment or punishment,
including medical or scientific experimentation. Neither may they
be subjected to any hardship or constraint other than that resulting
from their liberty. Respect for the dignity of such detainees
and prisoners must be guaranteed under the same conditions as
that of free persons. Persons deprived of their liberty enjoy
all the rights set forth in the ICCPR, subject to the restrictions
that are unavoidable in a closed environment (UN Human Rights
Committee General Comment 21, para 3).
Medical Treatment
8. The full protection of the health of persons in
custody should be ensured and medical attention provided when
required (UN Standard Minimum Rules for the Treatment of Prisoners,
Rule 22).
9. At every institution there shall be available
the services of at least one qualified medical officer who should
have some knowledge of psychiatry. The medical services should
be organised in close relationship to the general health administration
of the community or nation. They shall include a psychiatric service
for the diagnosis and, in proper cases, the treatment of states
of mental abnormality (UN Standard Minimum Rules for the Treatment
of Offenders, Rule 22(1)).
10. Prisoners who suffer from other mental diseases
or abnormalities shall be observed and treated in specialised
institutions under medical management (UN Standard Minimum Rules
for the Treatment of Offenders, Rule 82(2)).
Ill-treatment
11. Allegations of ill-treatment must be properly,
promptly and impartially investigated (CAT Articles 12 and 13;
UN Body of Principles, Principle 7).
Education and Training
12. All appropriate means should be used, including
education, vocational guidance and training, social casework,
employment counselling, physical development and strengthening
of moral character, in accordance with the individual needs of
each prisoner, taking account of his social and criminal history,
his physical and mental capacities and aptitudes, his personal
temperament, the length of his sentence and his prospects after
release (UN Basic Principles for the Treatment of Prisoners, Article
6; UN Standard Minimum Rules for the Treatment of Offenders, Rule
66(1)).
13. Conditions shall be created enabling prisoners
to undertake meaningful remunerated employment which will facilitate
their reintegration into the country's labour market and permit
them to contribute to their own financial support and to that
of their families (UN Basic Principles for the Treatment of Prisoners,
Article 8).
14. With the participation and help of the community
and social institutions, and with due regard to the interests
of victims, favourable conditions shall be created for the reintegration
of the ex-prisoner into society under the best possible conditions
(UN Basic Principles for the Treatment of Prisoners, Article 10).
Young Offenders
15. Young prisoners shall be kept separate from adults
(UN Standard Minimum Rules for the Treatment of Offenders, Rule
8(d)).
16. The placement of a juvenile in an institution
should always be a disposition of last resort and for the minimum
necessary period (UN Standard Minimum Rules for the Administration
of Juvenile Justice, Rule 19.1).
17. The objective of training and treatment of juveniles
placed in institutions is to provide care, protection, education
and vocational skills, with a view to assisting them to assume
socially constructive and productive roles in society (UN Standard
Minimum Rules for the Administration of Juvenile Justice, Rule
26.1).
18. Young female offenders placed in institutions
deserve special attention as to their personal needs and problems.
They shall by no means receive less care, protection, assistance,
treatment and training than young male offenders. Their fair treatment
shall be ensured (UN Standard Minimum Rules for the Administration
of Juvenile Justice, Rule 26.4).
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