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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