A/62/221
expertise, to promote forensic capacity-building, including training where
necessary, particularly in countries without sufficient expertise in forensic
science and related fields.
IV. Avoiding the deprivation of liberty as a means of
preventing torture
55. The Special Rapporteur notes from his country visit experiences that one of
the most commonly observed obstacles to the respect of human dignity and to the
prohibition of torture and other forms of ill-treatment is overcrowding in places of
detention. Overcrowding strains existing infrastructure, staffing, services and
resources, which in turn leads to a decline in the standards of detention: failure to
separate vulnerable groups, such as children, women, and ill prisoners, due to a lack
of space; and insufficient beds, food, water, washing facilities, ventilation, sanitary
conditions, recreational, educational or vocational opportunities, staffing to ensure
discipline and security of the detainees, medicines, level of health care, etc. In this
context, the Special Rapporteur recalls the jurisprudence of several international and
regional human rights mechanisms, which has found that poor conditions of
detention can amount to inhuman and degrading treatment. 10
56. It is often explained by the responsible authorities that minimum standards of
detention are not fulfilled because of a lack of financial resources for, among other
things, refurbishment of detention facilities, purchase of basic supplies, provision of
food and medical treatment and recruitment of staff, let alone for payment of staff
salaries.
57. The Special Rapporteur recalls that, as soon as a State deprives someone of his
or her liberty, it has the obligation to ensure full respect of all other human rights of
that individual, and he refers to the detailed discussion on the guarantees for
individuals deprived of their liberty contained in an earlier report (see
E/CN.4/2004/56, paras. 27-49).
58. The Special Rapporteur notes that key factors to overcrowding are, generally,
the almost automatic recourse to pretrial detention of suspects, even for non-violent
offenders or for minor offences, despite the availability of non-custodial measures
such as bail, house arrest, confiscation of travel document and recognizance;
moreover, in many countries criminal laws focus on lengthy prison terms as the only
__________________
10
12
See, for example, the following decisions of the Human Rights Committee: Deidrick v. Jamaica,
communication No. 619/1995, Official Records of the General Assembly, Fifty-third Session,
Supplement No. 40 (A/53/40), vol. II, annex XI, sect. L; Brown v. Jamaica, communication
No. 775/1997, ibid., Fifty-fourth Session, Supplement No. 40 (A/54/40), vol. II, annex XI,
sect. GG; Larrosa Bequio v. Uruguay, communication No. 88/1981, ibid., Thirty-eighth Session,
Supplement No. 40 (A/38/40), annex XVI. See also the following concluding observations and
discussions of the Committee against Torture: Official Records of the General Assembly, Fiftyfirst Session, Supplement No. 44 (A/51/44), para. 63 (Hong Kong); ibid., Fifty-sixth Session,
Supplement No. 44 (A/56/44) (Bolivia, Brazil, Costa Rica, Kazakhstan); ibid., Fifty-ninth
Session, Supplement No. 44 (A/59/44) (Cameroon); ibid., Sixtieth Session, Supplement No. 44
(A/60/44) (Greece); CAT/C/NPL/CO/2 (Nepal); CAT/C/SR.264 (Russian Federation);
CAT/C/SR.418 (Paraguay); CAT/C/SR.471 (Brazil). See further the following judgements of the
European Court of Human Rights: Valasinas v. Lithuania (2001), Kalashnikov v. Russia (2002),
Mayzit v. Russia (2005), Novoselov v. Russia (2005), Khudoyorov v. Russia (2005), Ostrovar v.
Moldova (2005).
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