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• Juvenile Justice and Human Rights in the Americas, 2011, InterAmerican Commission on Human Rights
• The impact of distance from home on children in custody,
Thematic report by HM Inspectorate of Prisons, October 2016
• Protecting Children Against Torture in Detention: Global
Solutions for a Global Problem, Center for Human Rights &
Humanitarian Law & Anti-torture Initiative, May 2017
��� An analysis of 12–18-year-olds’ perceptions of their experiences
in secure training centres and young offender institutions, HM
Inspectorate of Prisons, Youth Justice Board, Children in Custody
2017-18, UK, 2019
2.2.3. Foreign prisoners
Standards related to foreign prisoners exist in several important “soft law”
documents of the Council of Europe, including the European Prison Rules
(Rules 37.1-37.5) and Recommendation CM/Rec(2008)11 of the Committee of
Ministers to member states on the European Rules for juvenile offenders subject
to sanctions or measures (§§ 104.1-105.4). The document with the most
comprehensive compilation of standards in this regard is Recommendation
CM/Rec(2012)12 of the Committee of Ministers to member States concerning
foreign prisoners of October 2012. In addition, several binding international
treaties provide for standards of treatment of some groups of foreigners,
which have to be applied also in detention.
The international standards recognize the specific vulnerability of
foreign prisoners due to their social isolation, differences in language,
culture, customs and religion, lack of family ties and contacts with the
outside world.60 In addition, some of them may be victims of torture
in their countries of origin. As such, victims of torture, cruel, inhuman
and degrading treatment or punishment, no matter whether they are
foreigners or nationals, should be recognized as persons in a situation
of particular vulnerability and should be offered all needed legal, medical
and social assistance as required by international standards in this area.
Most documents dealing with the treatment of foreign prisoners focus on
Prisoners in a Situation of Vulnerability
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