A/68/295
non-discrimination, including in relation to sexual orientation and gender identity
(see A/HRC/19/41, para. 75).
84. Provisions on the suitability, training and working conditions of qualified
civilian personnel independent of police, military and criminal investigation
services should be strengthened in the Rules. Authorities should take steps to
designate a civilian body to conduct training programmes.
IV. Conclusions and recommendations
85. Over the past few decades, there has been a significant increase in the
worldwide prison population, placing an enormous financial burden on States.
It is estimated that there are over 10 million prisoners in the world, and prison
populations are growing on all five continents. 17 Imprisonment has become an
almost automatic response rather than a last resort, as mirrored in increasing
and disproportionate penalization, excessive use of pretrial detention, increased
length of prison sentences and little use of non-custodial alternatives (see
General Assembly resolution 45/110, annex). Furthermore, the penitentiary
system in most countries is no longer aimed at the reformation and social
rehabilitation of convicts but simply aims to punish by locking offenders away.
Non-compliance with international standards in relation to conditions of
detention is caused by resource constraints and by the punitive approach of
most criminal justice systems. Corruption too clearly plays a negative role (see
A/64/215 and Corr.1, para. 80).
86. The global prison crisis has an adverse impact on conditions of detention.
The negative impact of the overuse of incarceration on human rights is
manifold. The overuse of imprisonment constitutes one of the major underlying
causes of overcrowding, which results in conditions that amount to ill-treatment
or even torture. The revision of the Rules offers an excellent opportunity to
revisit States’ commitment to addressing the needs of persons deprived of
liberty, with full respect for their inherent dignity and fundamental rights, and
to adhering strictly to international human rights instruments.
Recommendations
87. The Special Rapporteur reiterates the importance of the principle that,
except for those lawful limitations that are demonstrably necessitated by the
fact of incarceration, persons deprived of their liberty shall retain their
non-derogable human rights and all other fundamental freedoms (General
Assembly resolution 67/166).
88.
The Special Rapporteur calls upon all States to:
(a) Apply the set of procedural standards and safeguards mentioned in
the present report, at a minimum, to all cases of deprivation of liberty, as a
matter of law and policy;
__________________
17
22/23
International Centre for Prison Studies, World Prison Population List, 9th ed. (latest available
information as at early May 2011).
13-42285
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