A/HRC/28/29
of places of detention that had to be monitored. External oversight bodies, such as national
preventive mechanisms, had to be independent, adequately budgeted and be able to make
recommendations on the basis of information gathered. Mr. Coriolano also mentioned two
monitoring mechanisms: judicial mechanisms and public defence models. In addition to
being themselves oversight bodies, they could also receive complaints from detainees, and
needed to work effectively in order to ensure external oversight of places of detention. Mr.
Coriolano encouraged States that have not yet ratified the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment to do so. He noted that prisons failed to meet their objectives, because
increasing the prison population had not reduced crime.
17.
The Regional Director for the Middle East and North Africa region at Penal Reform
International, Taghreed Jaber, addressed the impact issue of prison overcrowding on human
rights. She pointed out that the region was suffering greatly from prison overcrowding, and
that, indeed, many prisons were operating at 150 per cent of their capacity. With regard to
health issues, Ms. Jaber identified the different ways in which overcrowding affected how
people live in prison: when prisons were overcrowded, resources became more scarce,
infectious diseases spread more easily, and proper nutrition could not be guaranteed.
Overcrowding leads to reduced access to washing facilities, which itself could lead to
outbreaks of many different diseases, including skin diseases. It also created problems with
food and nutrition; in many countries, detainees had to rely on help from their families to
send them the food they needed to survive. Overcrowding was an issue not only for
detainees, but also for prison workers, who were often required to supervise too many
detainees, whose security was thereby jeopardized. Ms. Jaber recalled that her organization
had seen situations of only one prison guard responsible for more than 200 detainees, which
could lead to many different problems. Overcrowding affected different categories of
detainees, in particular women and their children, who accompany their mothers to the
place of detention, where they may be faced with exploitation. There was a clear linked
between overcrowding and the ongoing deterioration in prison conditions.
18.
The Chairperson of the Austrian Ombudsman Board, Gertrude Brinek, shared her
experience as a member of the national preventive mechanism. She agreed with Mr.
Coriolano on the necessity of the independence of national preventive mechanisms, as
required by the Paris Principles, and she underscored that that independence had to be
guaranteed by legislation that provided for adequate budgetary and staff resources.
Expanding on the experience of the national preventive mechanism, Ms. Brinek detailed the
basic requirements of monitoring mechanisms. Aside from independence and sufficient
resources, members of such mechanisms should have expertise in diverse areas, including
psychology, law and medicine; and they should be able to have private and confidential
discussions with persons deprived of their liberty. Ms. Brinek pointed out, however, that
challenges remain with regard to establishing new standards applicable to non-traditional
places of detention, such as juvenile crisis centres. The focus needed to be on better
resource utilization, including on increased employment and educational opportunities, as
well as on the use of alternatives to jailing juveniles and adults, including electronic ankle
bracelets.
19.
The Crime Prevention and Criminal Justice Officer of the Justice Section of the
Division for Operation at UNODC, Piera Barzanò, informed the Council on the work
undertaken concerning the revision of the Standard Minimum Rules for the Treatment of
Prisoners. She explained that the Commission on Crime Prevention and Criminal Justice
had established an open-ended intergovernmental expert group, which had identified nine
areas for targeted revision of the Standard Minimum Rules, keeping in mind that any
changes to them should not lower existing standards, but rather improve them so that they
reflect recent advances in correctional science and good practices, and promote safety,
security and humane conditions for prisoners. Ms. Barzanò emphasized that it was only
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