A/HRC/42/20
investigations and prosecutions. The Committee against Torture has emphasized the role
that statistical data can play in facilitating the determination of root causes and the design of
strategies to prevent and reduce the occurrence of violence and ill-treatment in places of
imprisonment.143
49.
In some States, there is an absence of reliable records of violent events and their
causes and consequences in situations of deprivation of liberty.144 A number of States lack
comprehensive and disaggregated data on complaints, investigations, prosecutions and
convictions in cases of torture and ill-treatment.145 The Committee against Torture has
highlighted the importance of disaggregating data by crime, age, gender, nationality,
ethnicity and geographical location.146
50.
Human rights mechanisms addressing particular segments of the population have
also called for increased disaggregation of the data collected on violence in situations of
deprivation of liberty. The Committee on the Rights of Persons with Disabilities has
encouraged States to collect data on violence and abuse against persons with disabilities.147
The Committee recommends disaggregating the data by age, sex, type of impairment,
ethnicity, geographical location and type of residence or institution. 148 The Committee on
the Elimination of Discrimination against Women has recommended that States collect
statistics on incidents of violence against women in detention, including sexual violence. 149
51.
Some States effectively gather data on deaths and injury of detainees in custody,
including data on causes of self-inflicted injuries, such as cuts, ingestion of foreign objects,
poison, blows, stabbing and suicide,150 or the type of inter-prisoner violence and the related
injuries. 151 The availability of data about the use of force, violence, death and injury,
disaggregated by age, ethnicity, gender, sexual orientation and, in criminal justice
detention, by crime or type of crime the victim was accused or found guilty of, allows for a
thorough examination and identification of trends by the authorities, even after several
years, which may in turn allow for the adoption of mitigating circumstances.
52.
Transparency and the public availability of such data are increasingly seen as being
important to ensure the accountability of organs of the State that detain individuals and
manage detention facilities. The Special Rapporteur on torture and the Special Rapporteur
on extrajudicial, summary or arbitrary executions have emphasized the importance of
making data on violence and death in police and prison custody publicly available in the
interests of transparency and facilitating effective investigations. 152
B.
Practical measures and good practices
53.
As examined above, overcrowding has an important impact on the material
conditions of detention, the spread of disease and inter-prisoner violence, which has led
some States to attempt to address the issue by undertaking criminal law reforms that reduce
incarceration. 153 The initiative to elaborate a set of set of universal standards for noncoercive interviewing methods and procedural safeguards154 will provide guidance to States
on moving away from a confession-based criminal justice system, thereby reducing the risk
of torture and ill-treatment. In addition to these far-reaching reforms, States can adopt a
variety of practical measures aiming at reducing violence against and among prisoners and
143
144
145
146
147
148
149
150
151
152
153
154
14
See CAT/C/LTU/CO/2.
Submission of the Comisión de Derechos Humanos del Distrito Federal (Mexico).
See CAT/C/ATG/CO/1; CAT/C/ROU/CO/2; CAT/C/SLE/CO/1; CAT/C/CYP/CO/4.
See CAT/C/TKM/CO/1, CAT/C/LKA/CO/3-4, CAT/C/CUB/CO/2, CAT/C/MRT/CO/1.
See CRPD/C/ARG/CO/1.
See CRPD/C/CHL/CO/1.
See CEDAW/C/UZB/CO/4.
Submission of Slovenia.
Submission of the Ombudsman (Luxembourg).
See A/HRC/31/57/Add.4 and A/HRC/31/57/Add.4; A/HRC/17/28/Add.5; A/HRC/20/22/Add.3.
See CAT/OP/MNG/1; submission of Jamaica.
See General Assembly resolution 72/163.
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