A/68/295
illnesses and people living with HIV/AIDS) (see A/HRC/13/39/Add.5, paras. 231
and 257).
68. Both the Special Rapporteur and other human rights mechanisms have
expressed concern about reports of sexual abuse and physical violence against
homosexual and transgender prisoners (see A/HRC/19/41, paras. 34 and 36, and
CAT/C/CRI/CO/2, para. 18). The Special Rapporteur has also examined the special
needs of drug users in detention and penitentiary centres and the practice of denying
opiate substitution treatment as a way of eliciting confessions by inducing painful
withdrawal symptoms. This is a particular form of ill-treatment and possibly torture
(A/HRC/22/53, para. 73).
69. In a 2008 report that focused on the situation of persons with disabilities in
detention, the Special Rapporteur noted that the lack of reasonable accommodation
may increase the risk of exposure to neglect, violence, abuse and ill-treatment and
that if such discriminatory treatment inflicts severe pain or suffering, it may
constitute torture or other form of ill-treatment (see A/63/175, paras. 38 and 53).
Reasonable accommodation in the context of prisons and detention centres should
be considered a prerequisite for humane treatment.
70. The Special Rapporteur notes that while the Rules recognize and address
specific needs of different categories of prisoners (such as women, juveniles,
persons with disabilities and foreign nationals), it fails to require the extension of
special protection measures to other disadvantaged groups of detainees or prisoners.
It is essential that the Rules adopt special measures aimed at protecting the rights of
other disadvantaged groups of prisoners, in accordance with well-established
international standards and norms (see UNODC/CCPCJ/EG.6/2012/2, p. 21). Special
care must be taken to ensure that segregating members of these groups does not
further marginalize them from the rest of the community or expose them to further
risk of torture or ill-treatment (see, for example, the Yogyakarta Principles on the
Application of International Human Rights Law in relation to Sexual Orientation
and Gender Identity, principle 9 (a)).
71. With respect to prisoners who use drugs, and in the context of revising
Rule 22 (1), the Rules should provide for an obligation to ensure that all harmreduction measures, including evidence-based measures for the prevention and
treatment of HIV and hepatitis C, needle and syringe exchange programmes and
evidence-based substance abuse treatment, are available to people who use drugs at
all stages of their detention.
72. Rules 82 and 83 should be replaced with a provision that applies to all persons
with disabilities. Such a provision should state explicitly that inmates with disabilities
are entitled to be eligible for all programmes and services available to others,
including voluntary engagement in activities and community release programmes, and
to be housed in the general prison population on an equal basis with others without
discrimination. It should also provide a clear articulation of certain rights enshrined in
the Convention on the Rights of Persons with Disabilities: the duty to provide
reasonable accommodation (arts. 5 and 14); the duty to work towards creating an
accessible environment (art. 9); the duty to ensure that persons with disabilities have
access to all amenities without having to rely on assistance from fellow inmates
(e.g., arts. 5, 20 and 28); the duty to respect the choices of persons with disabilities
and to establish effective mechanisms to support decision-making in order to enable
18/23
13-42285
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents