A/64/215
18 can stay at a facility for juveniles if it is not contrary to the best interests of the
younger children. 38
V. Conclusions and recommendations
80. Throughout his work as the Special Rapporteur on torture, the Special
Rapporteur has found that international human rights standards in relation to
conditions of detention, although they are clear in terms of the need to ensure
respect for the dignity of detainees, are violated in an almost routine manner in
many countries. This appears to be caused less by resource constraints than by
the punitive approach of most criminal justice systems, though corruption
clearly also plays a negative role.
81. In order to live up to their international obligations, States should
therefore undertake comprehensive justice reforms and provide more resources
to the administration of justice, with a view to legally empowering detainees so
that they are able to challenge their situation. Other important elements for
improving detention conditions are a truly independent judiciary and the
creation of independent national monitoring mechanisms, inter alia, through
the ratification of the Optional Protocol to the Convention against Torture,
which requires the establishment of such mechanisms. The international donor
community should, as a matter of priority, assist poorer States in their efforts to
reform their judicial and penitentiary systems.
82. Conditions of detention should adequately address the needs of detainees,
always with a view to full respect for their dignity. Liberty should be restricted
to the least possible degree and follow the principle of minimization of the
impact of deprivation of liberty with a view to full reformation and
rehabilitation. The need for applying these principles is even more pressing in
relation to children in detention and their educational and recreational rights.
83. On the occasion of the twentieth anniversary of the adoption of the
Convention on the Rights of the Child, the Special Rapporteur wishes to recall
that the language contained in the Convention is unambiguous when it comes to
the detention of children. No child should be detained unless as a last resort.
Detention should be only for the shortest appropriate time and should be
imposed only if no other alternative measure contributes to the reintegration
and rehabilitation of the child.
84. The Special Rapporteur would further like to call upon States to put the
best interest of the child at the centre of their juvenile justice systems.
Furthermore, he would like to remind States of the United Nations expert study
on violence against children and the recommendations contained therein and
call for their full implementation.
85. The Special Rapporteur would also like to recall that corporal punishment
is inconsistent with the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment. States are under an obligation to fully
__________________
38
09-43792
See art. 37, para. (c) of the Convention on the Rights of the Child, Committee on the Rights of
the Child, general comment No. 10, paras. 85 and 86; Havana Rules, rule 29; A/HRC/7/3/Add.3,
appendix I, para. 48. For a good practice in this regard, see A/HRC/7/3/Add.7, para. 33.
23
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