A/HRC/28/29
those specific areas that had been scrutinized, and that the structure of the whole Standard
Minimum Rules was not being put in question. The more sensitive areas that would require
much discussion included health care, the special needs of groups in vulnerable situations,
the right of access to legal representation throughout the execution of a sentence,
disciplinary actions, complaints and independent inspection processes, and investigations
into deaths in custody. Ms. Barzanò also underlined the importance of addressing the
causes of prison problems that were directly connected to sentencing and criminal policies
at the national level. Through its technical assistance, UNODC sought to promote a
dialogue at the national level to ensure that criminal policies were more balanced and
consistent, as they were the root cause of overuse of detention, including pretrial detention
and the excessive length of sentences, which in turn had a negative impact on the
administration of prisons.
IV.
Summary of the discussion
20.
During the interactive discussion, delegates from Algeria, Austria, Burkina Faso,
China, Colombia, Cuba, Denmark, Egypt, Estonia, the European Union, France, Iceland,
India, Indonesia, Iraq, Ireland, Italy, Morocco, Pakistan, Portugal, Switzerland, Ukraine, the
United States of America and Uruguay took the floor, as well as from the Joint United
Nations Programme on HIV/AIDS (UNAIDS) and the United Nations Children’s Fund
(UNICEF).
21.
Delegates from national human rights mechanisms and non-governmental
organizations also took the floor, representing the Association for the Prevention of
Torture, Defence for Children International, the International Catholic Child Bureau (Peru),
the Ombudsman from Georgia and the Friends World Committee for Consultation
(Quakers). A joint statement was presented by Penal Reform International. A representative
of the International Committee of the Red Cross (ICRC) also took the floor.
22.
Delegates welcomed the convening and organization of the panel discussion, which
they viewed as a useful platform for the discussion of good practices and sharing relevant
experiences, and as an opportunity to reiterate their commitment to improving the situation
of persons deprived of their liberty.
23.
The delegations agreed on a number of general points, including that the deprivation
of liberty placed individuals at risk of human rights violations, and that persons deprived of
their liberty should enjoy the same human rights protection as any other individual, taking
into account the lawful limitations rendered necessary by the fact of their incarceration.
Several delegations noted that the incorporation of international standards into national
legislation and policies related to the detention of persons deprived of their liberty. For
example, one delegation highlighted the fact that the rights of persons deprived of their
liberty were enshrined in the national Constitution. Several delegations expressed their
support for a revision of the Standard Minimum Rules. Some pointed out that prisons, as
they were known nowadays, had failed to fulfil their original purpose, namely, the
rehabilitation of offenders and their reintegration into society.
A.
Monitoring bodies and judicial oversight mechanisms
24.
During the interactive discussion, participants highlighted the fact that there were
many international human rights mechanisms dealing with the rights of persons deprived of
their liberty, including human rights treaty bodies (in particular the Human Rights
Committee, the Committee against Torture and the Subcommittee on Prevention of
Torture), and special procedures mandate holders (including the Working Group on
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