A/64/215
upholding the aims listed in articles 19 to 22 of the International Covenant on Civil
and Political Rights. In principle, detainees shall also be enabled to exercise their
right to vote and other forms of participation in the conduct of public affairs, in
accordance with article 25 of the International Covenant.
55. For the exercise of economic, social and cultural rights, detainees are fully
dependent on the prison authorities. Most important is the right of detainees to an
adequate standard of living, including adequate food, clothing and housing, as
provided in article 11 of the International Covenant on Economic, Social and
Cultural Rights. Rules 9 to 20 of the Standard Minimum Rules on accommodation,
personal hygiene, clothing, bedding and food provide the necessary guidance to
State authorities responsible for maintaining detention facilities and make clear that
it is the responsibility of the administration to provide detainees with “food of
nutritional value adequate for health and strength” (rule 20), with single cells or
dormitories with adequate floor space, lighting, heating, ventilation and separate
beds (rules 9-11 and 19), with sanitary installations “adequate to enable every
prisoner to comply with the needs of nature” (rule 12), with “adequate bathing and
shower installations” (rule 13) and “with water and with such toilet articles as are
necessary for health and cleanliness” (rule 15). For most detainees in police custody,
which may last for several weeks or even months, these minimum standards for a
dignified existence are totally out of reach; rather, such detainees are happy if they
can share a mattress on the concrete floor with other detainees and are provided
some water to drink. However, even convicted prisoners in many countries can only
dream of such conditions and depend on their families to provide them with
adequate food, water, toilet articles and similar items.
56. Equally important is the right of detainees “to the enjoyment of the highest
attainable standard of physical and mental health”, as outlined in article 12 of the
International Covenant on Economic, Social and Cultural Rights. Rules 22 to 26 of
the Standard Minimum Rules provide guidance on the need for medical services in
detention facilities, including prison hospitals, psychiatric services, dental care, and
women’s prenatal and post-natal care and treatment. The medical officer “should
daily see all sick prisoners” (rule 25) and shall regularly inspect the quality of food,
hygiene, sanitation, ventilation and the observance of the rules concerning physical
education and sports and advise the director accordingly (rule 26). Again, reality
looks totally different, and it is not only persons in police custody and poor
prisoners who are denied access to adequate health care while in detention. Because
of bad hygienic, medical and other conditions, many individuals become infected
with tuberculosis, HIV/AIDS and other contagious diseases while in detention.
57. For convicted prisoners, the enjoyment of the right to education, including
vocational training, in full accordance with article 13 of the International Covenant
on Economic, Social and Cultural Rights and rule 77 of the Standard Minimum
Rules is an important precondition for successful reformation, social rehabilitation
and reintegration into society after release. 12 Recreational and cultural activities
shall be provided in all institutions (rule 78), and special attention shall be paid to
the maintenance and improvement of social relations and aftercare (rules 79 to 81).
In reality, many prison regimes around the world are based on purely punitive
theories and do not regard the proper preparation of prisoners for a life after release
as their responsibility.
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12
16
See also A/HRC/11/8, paras. 18 and 90-98.
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