A/HRC/28/29
V.
Conclusions
48.
The panellists and delegations stressed that the issue of the rights of persons
deprived of their liberty is one of universal importance. Many delegations took the
floor to share their commitment to ending human rights violations in places of
detention.
49.
During the panel discussion, participants reaffirmed the adequacy of existing
forms of protection for the rights of persons deprived of their liberty in international
human rights law, as well as of the international human rights mechanisms that focus
on this issue. They emphasized that challenges remain in the national implementation
of international norms and standards. Political will, or lack of thereof, was identified
as one factor contributing to the failure of national implementation.
50.
The important role played by national and international monitoring bodies for
the protection of the rights of persons deprived of their liberty was highlighted by a
number of delegations and panellists. The delegations also underscored the
importance of judicial oversight of detention, which included the monitoring of
conditions of detention and the legality of detention itself. It was emphasized that, as
stated by the Committee on Human Rights in its general comment No. 35 on article 9
of the International Covenant on Civil and Political Rights, judicial review includes
not only a review of the process of detention, but also of treatment in detention.
51.
While some delegations expressed concern at the potential for overlap between
the various international human rights mechanisms, it was stressed that the
mechanisms worked as cooperatively as possible in order to mitigate such a risk.
52.
Several delegations described how conditions of detention were negatively
affected by overcrowding. Overcrowding and excessive recourse to detention seemed
to be of universal concern, and were often raised during the discussions; several
participants highlighted the need to address the causes of these issues. The significant
impact of pretrial detention on overcrowding was noted in several interventions. In
addition, several delegations stressed that, in order to tackle overcrowding and
excessive recourse to detention, it was necessary to address their root causes, including
criminal policy and the insufficient use of alternatives to detention.
12
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