A/HRC/42/20
better treatment of detainees and increase the security of such environments.189 Adequate
staff training and resources are necessary for effective oversight and accountability, which
in turn ensures that the law is properly implemented.190 Adequate resources also promote
better institutional cultures.
IV. Conclusions and recommendations
62.
Violence is prevalent in situations of deprivation of liberty and mortality rates
of persons deprived of liberty are often much higher than the general population. This
is the result not only of vertical and horizontal violence but also due to environmental
causes, such as conditions of detention and inadequate access to health care.
63.
Lack of accountability for serious injury and death in detention remains a
concern both with regard to the individual accountability of the perpetrators of the illtreatment and violence, and the institutional accountability for creating conditions
conducive to violence, death and serious injury or for failing to take measures to
address them.
64.
The interpretation and conclusions of human rights mechanisms, such as
general comment No. 36 of the Human Rights Committee, offer valuable guidance to
States. Expert and practitioner-led initiatives, such as the development of guidance on
non-coercive interviewing methods and procedural safeguards and the updating of the
Istanbul Protocol on effective investigation and documentation of torture also assist
States to comply with their heightened duty of care to protect the lives and bodily
integrity of persons deprived of their liberty.
65.
States should, in addition to exploring the possibility of implementing some of
the good practices mentioned throughout the present report, consider the following
recommendations:
(a)
Adopt measures to address overcrowding by reducing recourse to
incarceration, including by resorting to pretrial detention as a last resort; developing
and implementing alternatives to custodial measures during pretrial detention and
after conviction; and reviewing penal policies and legislation to ensure that sentencing
is proportionate. States should, in this regard, analyse the impact of life sentences
without parole on overcrowding;
(b)
Guarantee access to health care that is tailored to the individual needs of
detainees and ensure that the care available to them is at least equivalent to that
available in the community;
(c)
Ensure good and safe working conditions for staff and assess the
adequacy of prison staffing to ensure sufficient prisoner-staff ratios;
(d)
Take measures to reassert responsible control over prisons and prison
populations in situations in which they are de facto managed by prisoners;
(e)
Collect, compile and analyse data about the use of force, violence, death
and serious injury in detention, disaggregated by age, ethnicity, gender, sexual
orientation, cause of death and type of offence the victim was accused or found guilty
of;
(f)
Analyse the causes of inter-prisoner violence with a view to develop
strategies to address it;
(g)
Ensure that all cases of death and serious injury in custody are reported
and investigated by an independent body. In cases of death, in which the preliminary
investigation reveals that the cause of death was homicide or negligence, or in cases in
189
190
Submission of Penal Reform International; CAT/C/BIH/CO/6; CAT/C/LTU/CO/3.
Submission of the Castan Centre for Human Rights Law.
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