A/64/215
Corporal punishment
71. The jurisprudence of international and regional human rights mechanisms has
long held that corporal punishment, whether ordered as punishment for a crime or
administered as an educative or disciplinary measure, is contrary to the prohibition
of torture and cruel, inhuman or degrading treatment or punishment. 32 Both the
Beijing and the Havana Rules explicitly outlaw corporal punishment on juvenile
detainees. Rule 67 of the latter furthermore specifies that placement in a dark cell or
in closed or solitary confinement, any other punishment that may compromise the
physical or mental health of the juvenile, the reduction of diet, the restriction or
denial of contact with family members, labour as a disciplinary sanction and
collective punishment shall be prohibited.
72. In some countries, however, national laws explicitly allow the beating or
caning of young offenders as a disciplinary measure. 33 Even in countries where
corporal punishment is prohibited by law, it is often administered on persons
deprived of their liberty, particularly on children and often for minor misbehaviours.
In some of the special juvenile detention institutions visited, corporal punishment
appeared to be a routine practice. The prison authorities of those facilities
sometimes openly admitted the regular use of corporal punishment for disciplinary
purposes in cases of disobedience, e.g., in facilities in Indonesia and Togo.
73. Methods of corporal punishment reported to the Special Rapporteur in
countries such as Indonesia, Togo and Uruguay included stress positions, such as
being forced to crouch for one or more hours with bent knees and arms sprawled
out; handcuffing to beds for a prolonged period of time; slaps on the head or in the
face and beatings with bare hands or instruments, such as truncheons; administering
a certain number of strokes with a wooden baton on backs or buttocks; and
suspension from window bars. As a means of intimidation, those sanctions were
often applied in the presence of other children.
Abuse by fellow detainees
74. A significant part of the abuse of child detainees is inflicted by other detainees,
mainly by adults but also by other children. The forms of abuse can be verbal and
psychological but also physical, including rape. Reasons for inter-prisoner violence
can be competition for scarce resources or factual delegation of powers to privileged
detainees by the authorities. It is the duty of the State to protect detainees,
particularly members of vulnerable groups, such as children, from any aggression by
their fellow detainees. Without any protection from the State, child detainees find
themselves at the bottom of the internal pecking order, prone to exploitation by
others.
75. A safeguard against the abuse of children by adult detainees is their separation
during detention, which finds its legal reflection in numerous hard and soft law
__________________
32
33
09-43792
See A/60/316, paras. 18-28; see also Committee on the Rights of the Child, general comment
No. 8 (2006).
For example, the Nigerian Criminal Code, which in section 295 justifies “a blow or other force”
for the correction of children, servants and others: A/HRC/7/3/Add.4, para. 57. The Committee
on the Rights of the Child, when considering the report of Saudi Arabia, expressed concern that
persons under 18 may be subject while in detention to corporal punishment, such as flogging,
under article 28 of the 1977 Detention and Imprisonment Regulations: CRC/C/15/Add.148,
paras. 33 and 34.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents