A/68/295
beings. As a widely recognized set of rules addressing the administration of penal
institutions, the Rules should explicitly condemn torture and ill-treatment, including
participation, complicity, incitement and attempts, and certain conduct that amounts to
ill-treatment, whether committed by public officials, by other persons acting on behalf
of the State or by private persons (Convention against Torture, art. 4). The Rules
should also declare unambiguously that no exceptional circumstances whatsoever may
be relied upon to justify acts of torture and other ill-treatment by public officials, that
offenders will not be tolerated and that offenders will be subject to prosecution.
Naming and defining this crime will promote the aim of the Convention against
Torture, inter alia, by alerting everyone to the special gravity of the crime of torture
(see Committee against Torture general comment No. 2, paras. 5 and 11).
34. Furthermore, in order to ensure that the absolute prohibition of torture and
other ill-treatment is enforced as an effective means of prevention, the proposed
preamble and subsequent procedural rule should declare unambiguously that the
State’s obligation to prevent torture also applies to all persons who act, de jure or de
facto, in the name of, in conjunction with or at the behest of the State party
(Committee against Torture general comment No. 2, para. 7). The Committee
against Torture has stated the following:
… an order of a superior or public authority can never be invoked as a
justification of torture. … At the same time, those exercising superior
authority … cannot avoid accountability or escape criminal responsibility for
torture or other ill-treatment committed by subordinates where they knew or
should have known that such impermissible conduct was occurring, or was
likely to occur, and they failed to take reasonable and necessary preventive
measures (general comment No. 2, para. 26).
Respect for prisoners’ inherent dignity and value as human beings
35. The principle of humane treatment of persons deprived of liberty constitutes
the starting point for any consideration of prison conditions and the design of prison
regimes. It complements and overlaps the principle on the prohibition of torture and
other ill-treatment by requiring States (and consequently the prison authorities) to
take positive measures to ensure minimum guarantees of humane treatment for
persons in their custodial care (see Human Rights Committee general comment
No. 21, para. 3). Treating all persons deprived of their liberty with humanity and
with respect for their dignity is a fundamental and universally applicable rule, the
application of which, at a minimum, cannot be dependent on the material resources
available in the State party to the International Covenant on Civil and Political
Rights (para. 4). In this regard, the Inter-American Court of Human Rights has
consistently affirmed that States cannot invoke economic hardship to justify
imprisonment conditions that do not comply with the minimum international
standards and respect the inherent dignity of the human being. 2
36. In the light of this interpretation, the Rules should incorporate a provision
urging authorities to adopt specific measures aimed at resolving the structural
shortcomings of places of deprivation of liberty and earmark the resources
necessary to cover basic needs and work and educational programmes. Furthermore,
the Rules should set out concrete measures to be taken to ensure minimum
__________________
2
8/23
See, for example, Vélez Loor v. Panama, Series C, No. 218, para. 198.
13-42285
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents