A/63/175
all sorts of institutions 9 and States have to exercise due diligence to prevent,
investigate, prosecute and punish such non-State officials or private actors. 10
3.
Accountable for what?
(a)
Poor conditions of detention
52. On numerous occasions the Committee against Torture has expressed concerns
about poor living conditions in psychiatric institutions and homes for persons with
disabilities in the context of ill-treatment under article 16 of the Convention against
Torture. 11 Poor conditions in institutions are often the result of the failure of the
State to live up to its obligations to provide persons in their custody with adequate
food, water, medical care and clothing, and may constitute torture and illtreatment. 12
53. States have the further obligation to ensure that treatment or conditions in
detention do not directly or indirectly discriminate against persons with disabilities.
If such discriminatory treatment inflicts severe pain or suffering, it may constitute
torture or other form of ill-treatment. In Hamilton v. Jamaica the Human Rights
Committee examined whether the alleged failure of prison authorities to take the
disability of the complainant into account and make proper arrangements to allow
him leave the cell and have his slop bucket removed breached articles 7 and 10 of
the International Covenant on Civil and Political Rights. 13 The Committee found
that the complainant, who was paralysed in both legs, had not been treated with
humanity and with respect for the inherent dignity of the human person in violation
of article 10, paragraph 1, of the Covenant. In Price v. The United Kingdom, the
European Court of Human Rights found that detention conditions of a woman with
physical disabilities, including inaccessible toilets and bed, amounted to degrading
treatment under article 3 of the European Convention on Human Rights. 14
54. The Special Rapporteur notes that under article 14, paragraph 2, of CRPD,
States have the obligation to ensure that persons deprived of their liberty are entitled
to “provision of reasonable accommodation”. This implies an obligation to make
appropriate modifications in the procedures and physical facilities of detention
centres, including care institutions and hospitals, to ensure that persons with
disabilities enjoy the same rights and fundamental freedoms as others, when such
adjustments do not impose a disproportionate or undue burden. The denial or lack of
reasonable accommodations for persons with disabilities may create detention and
living conditions that amount to ill-treatment and torture.
__________________
9
10
11
12
13
14
12
(CAT/C/GC/2), para. 15.
Ibid., para. 18.
See Committee against Torture, concluding observations on the fourth periodic report of the
Russian Federation (CAT/C/RUS/CO/4), para. 18, the fourth periodic report of Estonia
(CAT/C/EST/CO/4), para 24, and the third periodic report of Bulgaria (CAT/C/CR/32/6),
paras. 5 (e) and 6 (e).
See Inter-American Court of Human Rights, Ximenes Lopes v. Brasil, judgement of 4 July 2006,
paras. 132 and 150.
Human Rights Committee, views on communication 616/1995, adopted on 28 July 1999
(CCPR/C/66/D/616/1995), paras. 3.1 and 8.2.
See Price v. the United Kingdom, European Court of Human Rights, judgement of 10 July 2001,
application No. 3394/96, para. 30.
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