A/64/215
that takes into account to the greatest extent possible the individual needs of every
prisoner (principle of individualized treatment) and is tailored to their individual
sentence and rehabilitation plan. 11
52. One of the rights most restricted by the rules and practice of prison life is the
right to privacy (art. 17 of the International Covenant on Civil and Political Rights).
It is obvious that detainees cannot enjoy the same degree of privacy, including the
protection of their family life, sexuality, home and correspondence, as persons
living in liberty. On the other hand, the protection of a certain minimum space of
privacy is necessary for an individual’s autonomy, which is at the heart of human
dignity. For many detainees, the lack of privacy is much more difficult to tolerate
than the restrictions of certain other rights. The principle of proportionality, which
needs to be applied in order to assess whether interferences with the right to privacy
are arbitrary and therefore prohibited by article 17 and similar provisions in regional
human rights treaties, requires prison authorities to consider whether certain
restrictions are really necessary to achieve a legitimate purpose, such as maintaining
order within a detention facility. If cells are severely overcrowded, not much
privacy is left for individual detainees within the cells. Consequently, prison
authorities shall compensate for this lack of privacy by allowing more time for
exercise in the open air than the one hour per day provided for in rule 21 of the
Standard Minimum Rules. As far as possible, detainees should be kept in open
facilities where they are allowed to walk around and interact with other detainees
during the day. The extensive “re-education” programme that the Special Rapporteur
witnessed in Chinese prisons, even in pretrial detention facilities for persons who
should enjoy the presumption of innocence, does not leave any room for a detainee’s
autonomy and privacy. Most detainees do not even enjoy the right to use a toilet
without being watched by others, which is at the heart of one’s right to privacy.
Usually, a bucket or a hole in the corner of an overcrowded cell serves this purpose.
53. One of the most important rights and needs of detainees is sufficient contact
with the outside world (rules 37-39 of the Standard Minimum Rules). For convicted
prisoners, the maintenance and improvement of social relations with family, friends
and others is one of the essential requirements for social reintegration into society.
In reality, in many countries, such as the post-Soviet countries of Eastern Europe
and Central Asia, the right to receive family visits is severely restricted, and these
restrictions even form part of the sentence. The longer the term of imprisonment, the
stricter the prison regime becomes. In the Republic of Moldova, persons serving a
life sentence are kept in their cells for 23 hours a day; in the Transnistrian region of
the Republic of Moldova, they are even held in solitary confinement. In Mongolia,
long-term prisoners are totally isolated from other prisoners and the outside world.
Other forms of contact, including correspondence by telephone, are equally
restricted and often non-existent for those who cannot afford to pay. Most of these
restrictions must be considered as arbitrary interference with the right to privacy.
54. While it is understandable that detainees are not allowed to organize political
marches and similar assemblies for reasons of prison security, they do enjoy
freedom of religion, expression, information, association and similar freedoms.
They shall be kept informed, by whatever means of communication, of outside news
(rule 39 of the Standard Minimum Rules) and shall be able to freely discuss any
matter, including political issues, subject only to the restrictions necessary for
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11
09-43792
Rule 63, para. 1, of the Standard Minimum Rules; rule 103 of the European Prison Rules.
15
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