CULTURAL RISK FACTORS FOR TORTURE AND OTHER ILL-TREATMENT IN PLACES OF DETENTION Cultural risk factors for torture and other ill-treatment in places of detention 1. Human rights and torture prevention in places of detention Human rights recognise the dignity and worth of each individual and are inherent to all human beings. They are found in a body of standards agreed on by the international community, as well as in regional instruments and national legislation. An important principle of international law is that detainees retain all their human rights (civil, political, economic, social, and cultural) except those necessarily curtailed by the detention itself, ie the right to liberty. States are obliged to respect, protect and fulfil the rights of detainees, and to protect detainees from abuses by others. Rights that are particularly relevant to the deprivation of liberty include: • The right for persons deprived of their liberty to be treated humanely and with respect for their inherent dignity.14 • The right to be free from torture, cruel, inhuman or degrading treatment or punishment.15 Ill-treatment can take many forms and can be the result of negligence or organisational failure, as well as intentional abuse.16 Preventing it therefore requires a holistic approach which looks at the overall quality of life of detainees and aims to reduce risks by creating an environment where all their rights are respected. Other rights very relevant to detention include the rights to life, health, food, water and education, due process rights, the right to contact with family, the rights of the child, and the right to non-discrimination. More detailed instruments provide specific standards relating to aspects of treatment, protection measures, material conditions, regime and activities, medical services and personnel within closed environments.17 In addition, a number of important cross-cutting principles, derived from international human rights treaties, can inform and guide a human rights-based approach to policies and action in these places. They include: rule of law, non-discrimination and equality, accountability, empowerment and participation. At the simplest level, incorporating human rights into closed environments will mean putting human beings at the centre of policies and action. In practice, this means both ensuring safeguards against abuse and fostering a constructive environment through mutual respect between staff and persons deprived of their liberty. This is based on the understanding that people deprived of their liberty, whether they are suspected or convicted criminals, migrants, people with mental health issues, people with drug dependency or any other person are human beings. They are already being deprived of their liberty: one of the most serious restrictions of freedom a person can be subjected to. As human beings they deserve to be treated humanely and with respect for their dignity. 2. What aspects of culture in places of detention represent risk factors for torture and other illtreatment? Cultures in closed environments need not be negative. But there are certain attitudes and values that can develop within them, which are contrary to human rights principles. Experience suggests that when these are adopted as cultural norms, they can lead to organisational behaviour that infringes on the dignity and rights of detainees. They therefore represent risk factors for abuse, including torture and other ill-treatment. This 14. Article 10, International Covenant on Civil and Political Rights; Principle 1 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; Rule 1 of the revised Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). 15. Article 7, International Covenant on Civil and Political Rights; the UN Convention against Torture, Principle 6 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; Rule 1 of the revised Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). 16. APT/IIDH, The OPCAT: Implementation Manual, 2010, p15. 17. See APT, Monitoring Places of Detention: A Practical Guide, 2004, chapter 4. See also Article 7 and 10, International Covenant for Civil and Political Rights; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; Basic Principles for the Treatment of Prisoners; the United Nations Rules for the Protection of Juveniles Deprived of their Liberty; the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules); and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, among others. Penal Reform International | Institutional culture in detention: a framework for preventive monitoring |7