A/68/295
persons deprived of liberty with respect for their dignity is a fundamental and
universal rule, the application of which cannot be dependent on resources.
Prisoners’ safety and prison violence
47. Incidents of abuse among prisoners, from subtle forms of harassment to
intimidation and serious physical and sexual attacks, are a regular occurrence in all
prisons. 6 The Special Rapporteur observes that although Rule 28 (1) prohibits
employing prisoners in a disciplinary capacity, in some States guards delegate the
authority for maintaining discipline and protecting detainees from exploitation and
violence to privileged detainees who, in turn, often use this power to their own
benefit. In this context, special consideration should be given to the aggravated risk
of violence that women and those from vulnerable groups, including persons with
disabilities, people living with HIV/AIDS, drug-dependant individuals, lesbian, gay,
bisexual, transgender and intersex persons and sex workers might suffer.
48. The Special Rapporteur recalls that inter-prisoner violence may amount to
torture or other ill-treatment if the State fails to act with due diligence to prevent it
(A/HRC/13/39/Add.3, para. 28). As stated by the Special Rapporteur on
extrajudicial, summary or arbitrary executions, the State assumes a heightened duty
of protection by severely limiting an inmates’ freedom of movement and capacity
for self-defence (A/61/311, para. 51). Despite the unambiguous wording of the
Convention against Torture, there is a lack of awareness of the obligation of prison
administration to intervene in inter-prisoner violence. The Special Rapporteur on
torture notes that acquiescence in inter-prisoner violence is not simply a breach of
professional responsibilities but that it amounts to consent or acquiescence to torture
or other ill-treatment.
49. The fundamental role of authorities to exercise effective control over places of
deprivation of liberty and ensure the personal safety of prisoners from physical,
sexual or emotional abuse should be further strengthened as one of the most
important obligations (see the United Nations Standard Minimum Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders,
para. 9, and the European Prison Rules, rule 52.2). In this respect, preventive
measures include increasing the number of personnel sufficiently trained in using
non-violent means of resolving conflicts (see CAT/C/BGR/CO/4-5, para. 23 (c), and
A/HRC/7/3/Add.3, para. 90 (t)); promptly and efficiently investigating all reports of
inter-prisoner violence and prosecuting and punishing those responsible; and
offering protective custody to vulnerable individuals without marginalizing them
from the prison population more than is required for their protection. Given the
intrusive nature of internal surveillance devices as a control and early warning
mechanism, such devices should be administered by specialized security personnel
trained to strike a balance between exercising security functions and treating
persons with respect for their dignity, including by demonstrating respect for and
being sensitive to cultural and religious diversity.
__________________
6
12/23
Eleventh general report on the activities of the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (2001)16, para. 27).
13-42285
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