E/CN.4/2004/56 page 13 misused - sometimes due to a lack of proper training - or intentionally used to inflict torture and other forms of ill-treatment. On the other hand, it is believed that other types of equipment are inherently cruel, inhuman or degrading and that their use would necessarily breach the prohibition of torture and other forms of ill-treatment” (E/CN.4/2003/69, para. 7). 47. The Special Rapporteur continues to receive information on individuals detained in solitary confinement for prolonged periods of time. He refers to general comment No. 20 of the Human Rights Committee concerning the prohibition of torture and cruel treatment or punishment, paragraph 6 of which states that “prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7” of ICCPR. The Special Rapporteur also refers to principle 7 of the Basic Principles for the Treatment of Prisoners (adopted by the General Assembly by resolution 45/111 of 14 December 1990), which states that “efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged”. 48. Punishment of detainees should be bound by clear disciplinary procedures and safeguards, including medical safeguards, in particular when the punishment involves “close confinement or reduction of diet” or “any other punishment that may be prejudicial to the physical or mental health of a prisoner”, as provided for in rule 32 of the Standard Minimum Rules. Further, rule 31 forbids “corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments”. 49. The Special Rapporteur notes that one of the most frequent obstacles to the respect of the human dignity and to the prohibition of torture and other forms of ill-treatment in places of detention is overcrowding. In order to improve the conditions of detention and in accordance with international standards, including rule 1 (5) of the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), the Special Rapporteur encourages States to avoid holding people in custody where possible. This is particularly applicable in cases of pre-trial detention and detention of children, asylum-seekers and refugees. IV. HIV/AIDS AND TORTURE 50. In response to Commission on Human Rights resolution 2003/47 in which the Special Rapporteur, as well as other special procedures of the Commission, are requested to integrate the protection of HIV/AIDS-related human rights within their respective mandates, and recalling the discussion organized by OHCHR and UNAIDS on HIV/AIDS on 30 June 2003, the Special Rapporteur deems it important to address this issue in relation to the prohibition of torture. 51. In view of the scale and the impact of this pandemic, it is important to reaffirm that the protection of human rights, and in particular the right not to be subjected to torture, and cruel, inhuman and degrading treatment, is essential to safeguard human dignity in the context of HIV/AIDS and to ensure an effective rights-based response to it. The Guidelines on HIV/AIDS and Human Rights (E/CN.4/1997/37, annex I), adopted by the Second International Consultation on HIV/AIDS and Human Rights and subsequently published by OHCHR and UNAIDS,8 underline and elaborate on the link between the realization of all human rights and the impact of HIV/AIDS. The right to freedom from cruel, inhuman or degrading treatment or punishment can arise in a variety of ways in the context of HIV/AIDS.