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1. Standard Minimum Rules for the Treatment of Prisoners (1955)
It has been adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. It is the first major document which advocates the rights of the prisoners.[2]
Ø Rule 8
Different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus, Men and Women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate; Untried prisoners shall be kept separate from convicted prisoners; Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; Young prisoners shall be kept separate from adults.[3]
Ø Rule 67
The purposes of classification (Rule 67) shall be:
To separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;
To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.[4]
Ø Rule 84- Prisoners under Arrest or Awaiting Trial
Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as ―untried prisoners‖ hereinafter in these rules. Unconvicted prisoners are presumed to be innocent and shall be treated as such. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only.[5]
Ø Rule 86
Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate.
Rule 87 clears that within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.[6]
Rule 88
Rule 88 deals an untried prisoner with purpose that; An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable. If he wears prison dress, it shall be different from that supplied to convicted prisoners.[7]
Rule 89
An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.
Rule 90
An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.
Rule 91
An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable ground for his application and he is able to pay any expenses incurred.
Ø Rule 92
An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.
Ø Rule 93
For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.[8]
Ø Rule 82- Insane and mentally abnormal prisoners
· Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.
· Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management. During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.
· The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment.
It is desirable that steps should be taken by arrangement with the appropriate agencies as per rule 83, to ensure if necessary the continuation of psychiatric treatment after release and the provisions of social psychiatric after-care.[9]
2. United Nations Standard Minimum Rules for the Administration of Juvenile Justice –‘The Beijing Rules’ (29 November 1985)
The General Assembly bearing in mind the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as other international human rights instruments pertaining to the rights of young persons, recognizing that the young, owing to their early stage of human development, require particular care and assistance with regard to physical, mental and social. It bored in mind that 1985 was designated the International Youth Year: Participation, Development, Peace and that the international community has placed importance on the protection and promotion of the rights of the young, as witnessed by the significance attached to the Declaration of the Rights of the Child.[10]
Recalling resolution 4 adopted by the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Caracas from 25 August to 5 September 1980, which called for the development of standard minimum rules for the administration of juvenile justice and the care of juveniles, which could serve as a model for Member States. It considered further that such standards may seem difficult to achieve at present in view of existing social, economic, cultural, political and legal conditions.[11]
Ø Rule 8- Protection of privacy of Juvenile
Rule 8 stresses the importance of the protection of the juvenile‘s right to privacy. Young persons are particularly susceptible to stigmatization. Criminological research into labeling processes has provided evidence of the detrimental effects (of different kinds) resulting from the permanent identification of young persons as ‘delinquent’ or ‘criminal’.
Rule 8 also stresses the importance of protecting the juvenile from the adverse effects that may result from the publication in the mass media of information about the case (for example the names of young offenders, alleged or convicted). The interest of the individual should be protected and upheld, at least in principle.[12]
Ø Rule 10- Investigation and prosecution
Rule 10.1 is the principle contained in rule 92 of the Standard Minimum Rules for the Treatment of Prisoners. The question of release rule 10.2 shall be considered without delay by a judge or other competent official. The latter refers to any person or institution in the broadest sense of the term, including community boards or police authorities having power to release an arrested person.[13]
Rule 10.3 deals with - some fundamental aspects of the procedures and behaviour on the part of the police and other law enforcement officials in cases of juvenile crime. To avoid harm admittedly is flexible wording and covers many features of possible interaction (for example the use of harsh language, physical violence or exposure to the environment). Involvement in juvenile justice processes in itself can be harmful to juveniles; the term ‘avoid or harm’ should be broadly interpreted, therefore, as doing the least harm possible to the juvenile in the first instance, as well as any additional or undue harm. This is especially important in the initial contact with law enforcement agencies, which might profoundly influence the juvenile‘s attitude towards the State and society. Moreover, the success of any further intervention is largely dependent on such initial contacts. Compassion and kind firmness are important in these situations.[14]
Rule 13- Detention Pending Trial
The danger to juveniles of criminal contamination while in detention pending trial, must not be underestimated. It is therefore, important to stress the need for alternative measures. By doing so, rule 13.1 encourages the devising of new and innovative measures to avoid such detention in the interest of the well-being of the juvenile. Juveniles under detention pending trial are entitled to all the rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners as well as the International Covenant on Civil and Political Rights, especially article 9 and article 10, paragraphs 2 (b) and 3.[15]
Rule 13.4
It does not prevent States from taking other measures against the negative influences of adult offenders which are at least as effective as the measures mentioned in the rule. Different forms of assistance that may become necessary have been enumerated to draw attention to the broad range of particular needs of young detainees to be addressed (for example females or males, drug addicts, alcoholics, mentally ill juveniles, young persons suffering from the trauma of arrest for example, etc.). Varying physical and psychological characteristics of young detainees may warrant classification measures by which some are kept separate while in detention pending trial, thus contributing to the avoidance of victimization and rendering more appropriate assistance. The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in its resolution 4 on juvenile justice standards specified that the Rules, inter alia, should reflect the basic principle that pre-trial detention should be used only as a last resort, that no minors should be held in a facility where they are vulnerable to the negative influences of adult detainees and that account should always be taken of the needs particular to their stage of development.[16]
Ø Rule 20- Avoidance of unnecessary delay
The speedy conduct of formal procedures in juvenile cases is a paramount concern. Otherwise whatever good may be achieved by the procedure and the disposition is at risk. As time passes, the juvenile will find it increasingly difficult, if not impossible, to relate the procedure and disposition to the offence, both intellectually and psychologically.[17]
3. Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)
This important document has been adopted by General Assembly Resolution 43/173 of 9 December 1988. It advocates the basic human rights and dignity of the prisoners.
Principle 6 prohibits any kind of torture, cruel behaviour, inhuman or degrading treatment of prisoners.
As per Principle 17, A detained person shall be entitled to have the assistance of a legal counsel. If a detained person does not have a legal counsel of his own choice, he shall be entitled to have a legal counsel assigned to him by a judicial or other authority in all cases where the interests of justice so require and without payment by him if he does not have sufficient means to pay.
The development of a comprehensive strategy for torture prevention requires an integrated approach, composed of three interrelated elements:
I. a legal framework that prohibits torture;
II. effective implementation of this legal framework;
III. mechanisms to monitor the legal framework and its implementation.[18]
The fight against torture has, for a long time, focused on the first two elements of this strategy, in particular the enactment of laws and litigation of cases. An effective legal framework is an essential part of any programme to combat torture. However, the mere existence of laws and regulations is not sufficient to prevent torture; they also need to be properly understood and rigorously applied.[19]
Existence of a comprehensive legal framework
A strong legal framework to prohibit torture is a critical component of any torture prevention strategy. The legal framework should reflect relevant international human rights standards and include specific provisions to prohibit and prevent torture. States can draw on the international legal framework by:
Ratifying relevant international human rights treaties Integrating international human rights treaties into national law.[20]
Respecting soft law[21]46 in relation to the prohibition of torture and deprivation of liberty.
At the domestic level, States should adopt explicit legislative provisions that:
Prohibit any act of torture and stipulate that no exceptional circumstance may be invoked to justify torture (possibly at the Constitutional level)
Make acts of torture, wherever in the world they are committed, a specific offence under criminal law
Include appropriate penalties to punish the crime of torture stipulate that an order from a superior may not be invoked to justify torture
Make inadmissible in legal proceedings evidence that is gathered through the use of torture.
In addition, the following legal safeguards for persons deprived of their liberty should be provided:
The right to have family members or a third party informed of their whereabouts following their arrest
The right to have access to a lawyer and to have the lawyer present during interrogation
The right to have access to a medical doctor, possibly of own choosing
The right to remain silent
The right to be brought before a magistrate or judge within a reasonable period of time
The right to challenge the legality of their detention and treatment.
The right to be informed of these rights in language that is understandable to them.[22]
Implementation of the legal framework
Effective implementation requires practical measures to be taken on a range of levels to ensure that national laws regarding torture and ill-treatment are respected in practice.
Training and education for Agencies of Criminal Justice System
The different actors involved in implementing the legal framework, and in particular those within the criminal justice system (such as law enforcement officials, judges and detaining authorities), will require proper training – both initial and ongoing, regarding the normative framework and the development of operational practices that respect these norms.[23]
It has been adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. It is the first major document which advocates the rights of the prisoners.[2]
Ø Rule 8
Different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus, Men and Women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate; Untried prisoners shall be kept separate from convicted prisoners; Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; Young prisoners shall be kept separate from adults.[3]
Ø Rule 67
The purposes of classification (Rule 67) shall be:
To separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;
To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.[4]
Ø Rule 84- Prisoners under Arrest or Awaiting Trial
Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as ―untried prisoners‖ hereinafter in these rules. Unconvicted prisoners are presumed to be innocent and shall be treated as such. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only.[5]
Ø Rule 86
Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate.
Rule 87 clears that within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.[6]
Rule 88
Rule 88 deals an untried prisoner with purpose that; An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable. If he wears prison dress, it shall be different from that supplied to convicted prisoners.[7]
Rule 89
An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.
Rule 90
An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.
Rule 91
An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable ground for his application and he is able to pay any expenses incurred.
Ø Rule 92
An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.
Ø Rule 93
For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.[8]
Ø Rule 82- Insane and mentally abnormal prisoners
· Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.
· Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management. During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.
· The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment.
It is desirable that steps should be taken by arrangement with the appropriate agencies as per rule 83, to ensure if necessary the continuation of psychiatric treatment after release and the provisions of social psychiatric after-care.[9]
2. United Nations Standard Minimum Rules for the Administration of Juvenile Justice –‘The Beijing Rules’ (29 November 1985)
The General Assembly bearing in mind the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as other international human rights instruments pertaining to the rights of young persons, recognizing that the young, owing to their early stage of human development, require particular care and assistance with regard to physical, mental and social. It bored in mind that 1985 was designated the International Youth Year: Participation, Development, Peace and that the international community has placed importance on the protection and promotion of the rights of the young, as witnessed by the significance attached to the Declaration of the Rights of the Child.[10]
Recalling resolution 4 adopted by the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Caracas from 25 August to 5 September 1980, which called for the development of standard minimum rules for the administration of juvenile justice and the care of juveniles, which could serve as a model for Member States. It considered further that such standards may seem difficult to achieve at present in view of existing social, economic, cultural, political and legal conditions.[11]
Ø Rule 8- Protection of privacy of Juvenile
Rule 8 stresses the importance of the protection of the juvenile‘s right to privacy. Young persons are particularly susceptible to stigmatization. Criminological research into labeling processes has provided evidence of the detrimental effects (of different kinds) resulting from the permanent identification of young persons as ‘delinquent’ or ‘criminal’.
Rule 8 also stresses the importance of protecting the juvenile from the adverse effects that may result from the publication in the mass media of information about the case (for example the names of young offenders, alleged or convicted). The interest of the individual should be protected and upheld, at least in principle.[12]
Ø Rule 10- Investigation and prosecution
Rule 10.1 is the principle contained in rule 92 of the Standard Minimum Rules for the Treatment of Prisoners. The question of release rule 10.2 shall be considered without delay by a judge or other competent official. The latter refers to any person or institution in the broadest sense of the term, including community boards or police authorities having power to release an arrested person.[13]
Rule 10.3 deals with - some fundamental aspects of the procedures and behaviour on the part of the police and other law enforcement officials in cases of juvenile crime. To avoid harm admittedly is flexible wording and covers many features of possible interaction (for example the use of harsh language, physical violence or exposure to the environment). Involvement in juvenile justice processes in itself can be harmful to juveniles; the term ‘avoid or harm’ should be broadly interpreted, therefore, as doing the least harm possible to the juvenile in the first instance, as well as any additional or undue harm. This is especially important in the initial contact with law enforcement agencies, which might profoundly influence the juvenile‘s attitude towards the State and society. Moreover, the success of any further intervention is largely dependent on such initial contacts. Compassion and kind firmness are important in these situations.[14]
Rule 13- Detention Pending Trial
The danger to juveniles of criminal contamination while in detention pending trial, must not be underestimated. It is therefore, important to stress the need for alternative measures. By doing so, rule 13.1 encourages the devising of new and innovative measures to avoid such detention in the interest of the well-being of the juvenile. Juveniles under detention pending trial are entitled to all the rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners as well as the International Covenant on Civil and Political Rights, especially article 9 and article 10, paragraphs 2 (b) and 3.[15]
Rule 13.4
It does not prevent States from taking other measures against the negative influences of adult offenders which are at least as effective as the measures mentioned in the rule. Different forms of assistance that may become necessary have been enumerated to draw attention to the broad range of particular needs of young detainees to be addressed (for example females or males, drug addicts, alcoholics, mentally ill juveniles, young persons suffering from the trauma of arrest for example, etc.). Varying physical and psychological characteristics of young detainees may warrant classification measures by which some are kept separate while in detention pending trial, thus contributing to the avoidance of victimization and rendering more appropriate assistance. The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in its resolution 4 on juvenile justice standards specified that the Rules, inter alia, should reflect the basic principle that pre-trial detention should be used only as a last resort, that no minors should be held in a facility where they are vulnerable to the negative influences of adult detainees and that account should always be taken of the needs particular to their stage of development.[16]
Ø Rule 20- Avoidance of unnecessary delay
The speedy conduct of formal procedures in juvenile cases is a paramount concern. Otherwise whatever good may be achieved by the procedure and the disposition is at risk. As time passes, the juvenile will find it increasingly difficult, if not impossible, to relate the procedure and disposition to the offence, both intellectually and psychologically.[17]
3. Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)
This important document has been adopted by General Assembly Resolution 43/173 of 9 December 1988. It advocates the basic human rights and dignity of the prisoners.
Principle 6 prohibits any kind of torture, cruel behaviour, inhuman or degrading treatment of prisoners.
As per Principle 17, A detained person shall be entitled to have the assistance of a legal counsel. If a detained person does not have a legal counsel of his own choice, he shall be entitled to have a legal counsel assigned to him by a judicial or other authority in all cases where the interests of justice so require and without payment by him if he does not have sufficient means to pay.
The development of a comprehensive strategy for torture prevention requires an integrated approach, composed of three interrelated elements:
I. a legal framework that prohibits torture;
II. effective implementation of this legal framework;
III. mechanisms to monitor the legal framework and its implementation.[18]
The fight against torture has, for a long time, focused on the first two elements of this strategy, in particular the enactment of laws and litigation of cases. An effective legal framework is an essential part of any programme to combat torture. However, the mere existence of laws and regulations is not sufficient to prevent torture; they also need to be properly understood and rigorously applied.[19]
Existence of a comprehensive legal framework
A strong legal framework to prohibit torture is a critical component of any torture prevention strategy. The legal framework should reflect relevant international human rights standards and include specific provisions to prohibit and prevent torture. States can draw on the international legal framework by:
Ratifying relevant international human rights treaties Integrating international human rights treaties into national law.[20]
Respecting soft law[21]46 in relation to the prohibition of torture and deprivation of liberty.
At the domestic level, States should adopt explicit legislative provisions that:
Prohibit any act of torture and stipulate that no exceptional circumstance may be invoked to justify torture (possibly at the Constitutional level)
Make acts of torture, wherever in the world they are committed, a specific offence under criminal law
Include appropriate penalties to punish the crime of torture stipulate that an order from a superior may not be invoked to justify torture
Make inadmissible in legal proceedings evidence that is gathered through the use of torture.
In addition, the following legal safeguards for persons deprived of their liberty should be provided:
The right to have family members or a third party informed of their whereabouts following their arrest
The right to have access to a lawyer and to have the lawyer present during interrogation
The right to have access to a medical doctor, possibly of own choosing
The right to remain silent
The right to be brought before a magistrate or judge within a reasonable period of time
The right to challenge the legality of their detention and treatment.
The right to be informed of these rights in language that is understandable to them.[22]
Implementation of the legal framework
Effective implementation requires practical measures to be taken on a range of levels to ensure that national laws regarding torture and ill-treatment are respected in practice.
Training and education for Agencies of Criminal Justice System
The different actors involved in implementing the legal framework, and in particular those within the criminal justice system (such as law enforcement officials, judges and detaining authorities), will require proper training – both initial and ongoing, regarding the normative framework and the development of operational practices that respect these norms.[23]
1. Standard Minimum Rules for the Treatment of Prisoners (1955)
It has been adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. It is the first major document which advocates the rights of the prisoners.[2]
Ø Rule 8
Different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus, Men and Women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate; Untried prisoners shall be kept separate from convicted prisoners; Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; Young prisoners shall be kept separate from adults.[3]
Ø Rule 67
The purposes of classification (Rule 67) shall be:
To separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;
To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.[4]
Ø Rule 84- Prisoners under Arrest or Awaiting Trial
Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as ―untried prisoners‖ hereinafter in these rules. Unconvicted prisoners are presumed to be innocent and shall be treated as such. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only.[5]
Ø Rule 86
Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate.
Rule 87 clears that within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.[6]
Rule 88
Rule 88 deals an untried prisoner with purpose that; An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable. If he wears prison dress, it shall be different from that supplied to convicted prisoners.[7]
Rule 89
An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.
Rule 90
An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.
Rule 91
An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable ground for his application and he is able to pay any expenses incurred.
Ø Rule 92
An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.
Ø Rule 93
For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.[8]
Ø Rule 82- Insane and mentally abnormal prisoners
· Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.
· Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management. During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.
· The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment.
It is desirable that steps should be taken by arrangement with the appropriate agencies as per rule 83, to ensure if necessary the continuation of psychiatric treatment after release and the provisions of social psychiatric after-care.[9]
2. United Nations Standard Minimum Rules for the Administration of Juvenile Justice –‘The Beijing Rules’ (29 November 1985)
The General Assembly bearing in mind the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as other international human rights instruments pertaining to the rights of young persons, recognizing that the young, owing to their early stage of human development, require particular care and assistance with regard to physical, mental and social. It bored in mind that 1985 was designated the International Youth Year: Participation, Development, Peace and that the international community has placed importance on the protection and promotion of the rights of the young, as witnessed by the significance attached to the Declaration of the Rights of the Child.[10]
Recalling resolution 4 adopted by the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Caracas from 25 August to 5 September 1980, which called for the development of standard minimum rules for the administration of juvenile justice and the care of juveniles, which could serve as a model for Member States. It considered further that such standards may seem difficult to achieve at present in view of existing social, economic, cultural, political and legal conditions.[11]
Ø Rule 8- Protection of privacy of Juvenile
Rule 8 stresses the importance of the protection of the juvenile‘s right to privacy. Young persons are particularly susceptible to stigmatization. Criminological research into labeling processes has provided evidence of the detrimental effects (of different kinds) resulting from the permanent identification of young persons as ‘delinquent’ or ‘criminal’.
Rule 8 also stresses the importance of protecting the juvenile from the adverse effects that may result from the publication in the mass media of information about the case (for example the names of young offenders, alleged or convicted). The interest of the individual should be protected and upheld, at least in principle.[12]
Ø Rule 10- Investigation and prosecution
Rule 10.1 is the principle contained in rule 92 of the Standard Minimum Rules for the Treatment of Prisoners. The question of release rule 10.2 shall be considered without delay by a judge or other competent official. The latter refers to any person or institution in the broadest sense of the term, including community boards or police authorities having power to release an arrested person.[13]
Rule 10.3 deals with - some fundamental aspects of the procedures and behaviour on the part of the police and other law enforcement officials in cases of juvenile crime. To avoid harm admittedly is flexible wording and covers many features of possible interaction (for example the use of harsh language, physical violence or exposure to the environment). Involvement in juvenile justice processes in itself can be harmful to juveniles; the term ‘avoid or harm’ should be broadly interpreted, therefore, as doing the least harm possible to the juvenile in the first instance, as well as any additional or undue harm. This is especially important in the initial contact with law enforcement agencies, which might profoundly influence the juvenile‘s attitude towards the State and society. Moreover, the success of any further intervention is largely dependent on such initial contacts. Compassion and kind firmness are important in these situations.[14]
Rule 13- Detention Pending Trial
The danger to juveniles of criminal contamination while in detention pending trial, must not be underestimated. It is therefore, important to stress the need for alternative measures. By doing so, rule 13.1 encourages the devising of new and innovative measures to avoid such detention in the interest of the well-being of the juvenile. Juveniles under detention pending trial are entitled to all the rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners as well as the International Covenant on Civil and Political Rights, especially article 9 and article 10, paragraphs 2 (b) and 3.[15]
Rule 13.4
It does not prevent States from taking other measures against the negative influences of adult offenders which are at least as effective as the measures mentioned in the rule. Different forms of assistance that may become necessary have been enumerated to draw attention to the broad range of particular needs of young detainees to be addressed (for example females or males, drug addicts, alcoholics, mentally ill juveniles, young persons suffering from the trauma of arrest for example, etc.). Varying physical and psychological characteristics of young detainees may warrant classification measures by which some are kept separate while in detention pending trial, thus contributing to the avoidance of victimization and rendering more appropriate assistance. The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in its resolution 4 on juvenile justice standards specified that the Rules, inter alia, should reflect the basic principle that pre-trial detention should be used only as a last resort, that no minors should be held in a facility where they are vulnerable to the negative influences of adult detainees and that account should always be taken of the needs particular to their stage of development.[16]
Ø Rule 20- Avoidance of unnecessary delay
The speedy conduct of formal procedures in juvenile cases is a paramount concern. Otherwise whatever good may be achieved by the procedure and the disposition is at risk. As time passes, the juvenile will find it increasingly difficult, if not impossible, to relate the procedure and disposition to the offence, both intellectually and psychologically.[17]
3. Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)
This important document has been adopted by General Assembly Resolution 43/173 of 9 December 1988. It advocates the basic human rights and dignity of the prisoners.
Principle 6 prohibits any kind of torture, cruel behaviour, inhuman or degrading treatment of prisoners.
As per Principle 17, A detained person shall be entitled to have the assistance of a legal counsel. If a detained person does not have a legal counsel of his own choice, he shall be entitled to have a legal counsel assigned to him by a judicial or other authority in all cases where the interests of justice so require and without payment by him if he does not have sufficient means to pay.
The development of a comprehensive strategy for torture prevention requires an integrated approach, composed of three interrelated elements:
I. a legal framework that prohibits torture;
II. effective implementation of this legal framework;
III. mechanisms to monitor the legal framework and its implementation.[18]
The fight against torture has, for a long time, focused on the first two elements of this strategy, in particular the enactment of laws and litigation of cases. An effective legal framework is an essential part of any programme to combat torture. However, the mere existence of laws and regulations is not sufficient to prevent torture; they also need to be properly understood and rigorously applied.[19]
Existence of a comprehensive legal framework
A strong legal framework to prohibit torture is a critical component of any torture prevention strategy. The legal framework should reflect relevant international human rights standards and include specific provisions to prohibit and prevent torture. States can draw on the international legal framework by:
Ratifying relevant international human rights treaties Integrating international human rights treaties into national law.[20]
Respecting soft law[21]46 in relation to the prohibition of torture and deprivation of liberty.
At the domestic level, States should adopt explicit legislative provisions that:
Prohibit any act of torture and stipulate that no exceptional circumstance may be invoked to justify torture (possibly at the Constitutional level)
Make acts of torture, wherever in the world they are committed, a specific offence under criminal law
Include appropriate penalties to punish the crime of torture stipulate that an order from a superior may not be invoked to justify torture
Make inadmissible in legal proceedings evidence that is gathered through the use of torture.
In addition, the following legal safeguards for persons deprived of their liberty should be provided:
The right to have family members or a third party informed of their whereabouts following their arrest
The right to have access to a lawyer and to have the lawyer present during interrogation
The right to have access to a medical doctor, possibly of own choosing
The right to remain silent
The right to be brought before a magistrate or judge within a reasonable period of time
The right to challenge the legality of their detention and treatment.
The right to be informed of these rights in language that is understandable to them.[22]
Implementation of the legal framework
Effective implementation requires practical measures to be taken on a range of levels to ensure that national laws regarding torture and ill-treatment are respected in practice.
Training and education for Agencies of Criminal Justice System
The different actors involved in implementing the legal framework, and in particular those within the criminal justice system (such as law enforcement officials, judges and detaining authorities), will require proper training – both initial and ongoing, regarding the normative framework and the development of operational practices that respect these norms.[23]
It has been adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. It is the first major document which advocates the rights of the prisoners.[2]
Ø Rule 8
Different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus, Men and Women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate; Untried prisoners shall be kept separate from convicted prisoners; Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; Young prisoners shall be kept separate from adults.[3]
Ø Rule 67
The purposes of classification (Rule 67) shall be:
To separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;
To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.[4]
Ø Rule 84- Prisoners under Arrest or Awaiting Trial
Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as ―untried prisoners‖ hereinafter in these rules. Unconvicted prisoners are presumed to be innocent and shall be treated as such. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only.[5]
Ø Rule 86
Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate.
Rule 87 clears that within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.[6]
Rule 88
Rule 88 deals an untried prisoner with purpose that; An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable. If he wears prison dress, it shall be different from that supplied to convicted prisoners.[7]
Rule 89
An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.
Rule 90
An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.
Rule 91
An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable ground for his application and he is able to pay any expenses incurred.
Ø Rule 92
An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.
Ø Rule 93
For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.[8]
Ø Rule 82- Insane and mentally abnormal prisoners
· Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.
· Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management. During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.
· The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment.
It is desirable that steps should be taken by arrangement with the appropriate agencies as per rule 83, to ensure if necessary the continuation of psychiatric treatment after release and the provisions of social psychiatric after-care.[9]
2. United Nations Standard Minimum Rules for the Administration of Juvenile Justice –‘The Beijing Rules’ (29 November 1985)
The General Assembly bearing in mind the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as well as other international human rights instruments pertaining to the rights of young persons, recognizing that the young, owing to their early stage of human development, require particular care and assistance with regard to physical, mental and social. It bored in mind that 1985 was designated the International Youth Year: Participation, Development, Peace and that the international community has placed importance on the protection and promotion of the rights of the young, as witnessed by the significance attached to the Declaration of the Rights of the Child.[10]
Recalling resolution 4 adopted by the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Caracas from 25 August to 5 September 1980, which called for the development of standard minimum rules for the administration of juvenile justice and the care of juveniles, which could serve as a model for Member States. It considered further that such standards may seem difficult to achieve at present in view of existing social, economic, cultural, political and legal conditions.[11]
Ø Rule 8- Protection of privacy of Juvenile
Rule 8 stresses the importance of the protection of the juvenile‘s right to privacy. Young persons are particularly susceptible to stigmatization. Criminological research into labeling processes has provided evidence of the detrimental effects (of different kinds) resulting from the permanent identification of young persons as ‘delinquent’ or ‘criminal’.
Rule 8 also stresses the importance of protecting the juvenile from the adverse effects that may result from the publication in the mass media of information about the case (for example the names of young offenders, alleged or convicted). The interest of the individual should be protected and upheld, at least in principle.[12]
Ø Rule 10- Investigation and prosecution
Rule 10.1 is the principle contained in rule 92 of the Standard Minimum Rules for the Treatment of Prisoners. The question of release rule 10.2 shall be considered without delay by a judge or other competent official. The latter refers to any person or institution in the broadest sense of the term, including community boards or police authorities having power to release an arrested person.[13]
Rule 10.3 deals with - some fundamental aspects of the procedures and behaviour on the part of the police and other law enforcement officials in cases of juvenile crime. To avoid harm admittedly is flexible wording and covers many features of possible interaction (for example the use of harsh language, physical violence or exposure to the environment). Involvement in juvenile justice processes in itself can be harmful to juveniles; the term ‘avoid or harm’ should be broadly interpreted, therefore, as doing the least harm possible to the juvenile in the first instance, as well as any additional or undue harm. This is especially important in the initial contact with law enforcement agencies, which might profoundly influence the juvenile‘s attitude towards the State and society. Moreover, the success of any further intervention is largely dependent on such initial contacts. Compassion and kind firmness are important in these situations.[14]
Rule 13- Detention Pending Trial
The danger to juveniles of criminal contamination while in detention pending trial, must not be underestimated. It is therefore, important to stress the need for alternative measures. By doing so, rule 13.1 encourages the devising of new and innovative measures to avoid such detention in the interest of the well-being of the juvenile. Juveniles under detention pending trial are entitled to all the rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners as well as the International Covenant on Civil and Political Rights, especially article 9 and article 10, paragraphs 2 (b) and 3.[15]
Rule 13.4
It does not prevent States from taking other measures against the negative influences of adult offenders which are at least as effective as the measures mentioned in the rule. Different forms of assistance that may become necessary have been enumerated to draw attention to the broad range of particular needs of young detainees to be addressed (for example females or males, drug addicts, alcoholics, mentally ill juveniles, young persons suffering from the trauma of arrest for example, etc.). Varying physical and psychological characteristics of young detainees may warrant classification measures by which some are kept separate while in detention pending trial, thus contributing to the avoidance of victimization and rendering more appropriate assistance. The Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in its resolution 4 on juvenile justice standards specified that the Rules, inter alia, should reflect the basic principle that pre-trial detention should be used only as a last resort, that no minors should be held in a facility where they are vulnerable to the negative influences of adult detainees and that account should always be taken of the needs particular to their stage of development.[16]
Ø Rule 20- Avoidance of unnecessary delay
The speedy conduct of formal procedures in juvenile cases is a paramount concern. Otherwise whatever good may be achieved by the procedure and the disposition is at risk. As time passes, the juvenile will find it increasingly difficult, if not impossible, to relate the procedure and disposition to the offence, both intellectually and psychologically.[17]
3. Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)
This important document has been adopted by General Assembly Resolution 43/173 of 9 December 1988. It advocates the basic human rights and dignity of the prisoners.
Principle 6 prohibits any kind of torture, cruel behaviour, inhuman or degrading treatment of prisoners.
As per Principle 17, A detained person shall be entitled to have the assistance of a legal counsel. If a detained person does not have a legal counsel of his own choice, he shall be entitled to have a legal counsel assigned to him by a judicial or other authority in all cases where the interests of justice so require and without payment by him if he does not have sufficient means to pay.
The development of a comprehensive strategy for torture prevention requires an integrated approach, composed of three interrelated elements:
I. a legal framework that prohibits torture;
II. effective implementation of this legal framework;
III. mechanisms to monitor the legal framework and its implementation.[18]
The fight against torture has, for a long time, focused on the first two elements of this strategy, in particular the enactment of laws and litigation of cases. An effective legal framework is an essential part of any programme to combat torture. However, the mere existence of laws and regulations is not sufficient to prevent torture; they also need to be properly understood and rigorously applied.[19]
Existence of a comprehensive legal framework
A strong legal framework to prohibit torture is a critical component of any torture prevention strategy. The legal framework should reflect relevant international human rights standards and include specific provisions to prohibit and prevent torture. States can draw on the international legal framework by:
Ratifying relevant international human rights treaties Integrating international human rights treaties into national law.[20]
Respecting soft law[21]46 in relation to the prohibition of torture and deprivation of liberty.
At the domestic level, States should adopt explicit legislative provisions that:
Prohibit any act of torture and stipulate that no exceptional circumstance may be invoked to justify torture (possibly at the Constitutional level)
Make acts of torture, wherever in the world they are committed, a specific offence under criminal law
Include appropriate penalties to punish the crime of torture stipulate that an order from a superior may not be invoked to justify torture
Make inadmissible in legal proceedings evidence that is gathered through the use of torture.
In addition, the following legal safeguards for persons deprived of their liberty should be provided:
The right to have family members or a third party informed of their whereabouts following their arrest
The right to have access to a lawyer and to have the lawyer present during interrogation
The right to have access to a medical doctor, possibly of own choosing
The right to remain silent
The right to be brought before a magistrate or judge within a reasonable period of time
The right to challenge the legality of their detention and treatment.
The right to be informed of these rights in language that is understandable to them.[22]
Implementation of the legal framework
Effective implementation requires practical measures to be taken on a range of levels to ensure that national laws regarding torture and ill-treatment are respected in practice.
Training and education for Agencies of Criminal Justice System
The different actors involved in implementing the legal framework, and in particular those within the criminal justice system (such as law enforcement officials, judges and detaining authorities), will require proper training – both initial and ongoing, regarding the normative framework and the development of operational practices that respect these norms.[23]
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