What do I mean when I talk of human rights in this context and where can they be found. Human rights
as an idea of humane treatment of people, of respect for each individual, can be found in most of the
world's religious and philosophical systems. However both within and between such systems there is
great dispute as to what rights exists and how they should be respected. A greater measure of treatment
on human rights can be found in international law, at least following world war two. International
lawyers believe that some rights, of which the right to be free from torture is the one perhaps most
relevant to the prisons context, are guaranteed to people regardless of whether or not the state they find
themselves has signed up to any international treaty or not. Greater rights are accorded to people if their
state has become a party to an international human rights treaty. These treaties may be general in
character, such as the International Covenant on Civil and Political Rights or the European Convention
on Human Rights, which establish a range of rights (for example to liberty, free expression, privacy,
fair trial, freedom from torture) which apply to everyone. Alternatively they may be specifically
concerned with particular circumstances or groups of people. The United Nations Convention on the
Rights of the Child, the United Nations Convention Against Torture and the European Convention for
the Prevention of Torture are the most relevant for the prisons context. Much of what I have to say
about specific human rights standards in relation to prisons draws on these international conventions
and on the interpretations of them made by international human rights tribunals and committees of
experts which have been established to implement these conventions. Finally, again in the prisons
context, it is worth mentioning standard setting instruments such as the United Nations Standard
Minimum Rules on the Treatment of Prisoners or its Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment. While these do not give rise to individual rights
in international law they are generally much more detailed than human rights treaties and provide a set
of standards for prison officials. Prison systems which comply with such standards are unlikely to
violate human rights.
All these international provisions are designed, however, only to set minimum standards, The protection
of human rights is primarily a task for national law and national administration. International
provisions are there to provide a check on the quality of human rights protection by national authorities.
They are not a substitute and ultimately the best means of securing human rights is to have national
authorities which are committed to their protection and a national system of law which ensures that they
live up to such commitments.
In a short talk such as this it is not possible for me to cover all the human rights provisions relating to
prisons but I hope that I will say something useful about the most important ones.
The right to trial within a reasonable time
Ensure that someone is brought to trial within a reasonable time is usually a matter for the prosecuting
and judicial authorities rather than prison officials. However failure to guarantee that right can cause
major problems for prison authorities as prisons become overcrowded with people awaiting trial. As
there can be many reasons for delay in bringing people to trial international institutions have been
reluctant to lay down precise time limits for this. However some principles have emerged One is that a
person should only be kept in prison awaiting trial where good reasons for doing so, either because
there is good reason to believe that if released they would not come to trial or because it is a very
serious offence. The authorities should consider whether other measures, such as requiring someone to
pay a bond or report regularly to a police station, might satisfy their concerns. A second principle is
that a person detained in prison before trial should be entitled to seek a review of his detention before an
independent court. The prosecution would have to establish before that court that good reasons exist for
keeping someone in prison before their trial As regards what is a reasonable time to be in poison before
trial the European Court of Human Rights has indicated that a number of factors must be c including
the complexity of the case and the need for the prosecution to assemble its case, the conduct of the
defendant and whether he or she seeks to delay the trial in order to better prepare their defence, and the
16
OSCE ODIHR Bulletin Vol. 4 No. 3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents