A/68/295 III. Review of the Standard Minimum Rules for the Treatment of Prisoners A. Overview 21. Since their adoption in 1955, the Standard Minimum Rules for the Treatment of Prisoners have retained considerable weight as an authoritative set of generally accepted principles and practices for the treatment of prisoners and the management of penitentiary institutions. Even though some provisions are now dated, the Rules continue to be vital and are considered to be among the most important soft-law instruments for the interpretation of various aspects of the rights of prisoners. 22. The Special Rapporteur notes that, whether in response to evolving threats and practices or simply because of neglect, Governments are often remiss in upholding these standards. The present report contains specific recommendations aimed at updating the Rules to ensure the humane treatment of persons in detention and advocates for their effective implementation at the global level. 23. The international and regional systems that oversee prison conditions operate largely with a view to preventing torture and other ill-treatment. The Special Rapporteur recalls that, as explained in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the term “cruel, inhuman or degrading treatment or punishment” should be interpreted so as to extend the widest possible protection against abuses. 24. In paragraph 10 of its resolution 65/230, the General Assembly requested the Commission on Crime Prevention and Criminal Justice to establish an open-ended intergovernmental expert group to exchange information on best practices and on the revision of existing United Nations standard minimum rules for the treatment of prisoners so that they reflect recent advances in correctional science. 25. The first meeting of the Expert Group established in response to that request was held in 2012 and attended by 143 representatives from 52 States (see UNODC/CCPCJ/EG.6/2012/1, para. 9). At that meeting, there was general agreement that although the Rules had stood the test of time and were universally acknowledged as the minimum standards for the detention of prisoners, some areas of the Rules needed to be reviewed (paras. 4 and 5). The consensus among the Expert Group was that any changes to the Rules should not lower any of the existing standards (para. 4). Moreover, the Expert Group identified nine preliminary areas for possible review (para. 5). The Economic and Social Council, in its resolution 2012/13, and the General Assembly, in its resolution 67/188, subsequently took cognizance of the recommendations of the Expert Group and took note of the areas identified for review. At its second meeting, held in Buenos Aires in December 2012, the Expert Group made substantive progress and identified issues for further discussion within the targeted areas (UNODC/CCPCJ/EG.6/2012/4). By its resolution 2013/35, the Council again took into consideration the nine areas identified for revision and decided to extend the mandate of the Expert Group, authorizing it to continue its work with a view to reporting to the Commission on Crime Prevention and Criminal Justice at its twenty-third session. In that same resolution, the Council invited Member States to continue to be engaged in the revision process by submitting proposals and to participate actively in the next meeting of the Expert Group, to be held in Brazil towards the end of 2013. 13-42285 5/23

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