(a)
Guarantee such persons the enjoyment of all the rights to which prisoners are entitled
under the relevant international norms, in particular rights specially adapted to their situation: the right
to respect for their religious and cultural practices, the right to respect for their customs as regards
food, the right to relations with their families, the right to the assistance of an interpreter, the right to
basic welfare benefits and, where appropriate, the right to consular assistance. The medical,
psychological or social services offered to prisoners should take their cultural background into
account;
(b)
Guarantee to all prisoners whose rights have been violated the right to an effective
remedy before an independent and impartial authority;
(c)
Comply, in this regard, with the United Nations norms in this field, and particularly
the Standard Minimum Rules for the Treatment of Prisoners,iv the Basic Principles for the Treatment
of Prisoners v and the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment;vi
(d)
Allow such persons to benefit, where appropriate, from the provisions of domestic
legislation and international or bilateral conventions relating to the transfer of foreign prisoners,
offering them an opportunity to serve the prison term in their countries of origin.
39.
Further, the independent authorities in the States parties that are responsible for
supervising prison institutions should include members who have expertise in the field of racial
discrimination and sound knowledge of the problems of racial and ethnic groups and the other
vulnerable groups referred to in the last paragraph of the preamble; when necessary, such supervisory
authorities should have an effective visit and complaint mechanism.
40.
When non-nationals are sentenced to deportation, expulsion or banning from their
territory, States parties should comply fully with the obligation of non-refoulement arising out of the
international norms concerning refugees and human rights, and ensure that such persons will not be
sent back to a country or territory where they would run the risk of serious violations of their human
rights.
41.
Lastly, with regard to women and children belonging to the groups referred to in the
last paragraph of the preamble, States parties should pay the greatest attention possible with a view to
ensuring that such persons benefit from the special regime to which they are entitled in relation to the
execution of sentences, bearing in mind the particular difficulties faced by mothers of families and
women belonging to certain communities, particularly indigenous communities.
Notes
i
Recommended by the Economic and Social Council in its resolution 1989/65 of 24 May
1989.
ii
Recommended by the General Assembly in its resolution 55/89 of 4 December 2000.
iii
Adopted by the Eighth United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, Havana, 27 August-7 September 1990.
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