A/HRC/28/29
Overcrowding increases vulnerability to human immunodeficiency virus, hepatitis,
tuberculosis and other infectious diseases. Many detainees in overcrowded places of
detention have no access to clean needles, condoms, testing or treatment.
37.
Some delegations suggested that overcrowding and overuse of custodial measures is
a political problem rather than a legal issue. Some policies, such as those that sought to
impose custodial sentences for certain crimes, were inadequate to prevent crime and only
contributed to overcrowding. The lack of political will to address the issue of overcrowding
was an issue worldwide. Mr. Coriolano identified various factors contributing to
overcrowding, including non-compliance with international standards, the lack of human
rights-based plans to reduce overcrowding, and the need for more resources to implement
those plans.
38.
Ms. Barzanò stated that it was crucial to treat prison overcrowding as a symptom
rather than a problem to be solved on its own. There was a need to address the causes of
incarceration, which went well beyond prison administration. Several delegations suggested
that overcrowding should be addressed by social measures aimed at diversion from the
criminal justice system. Crime prevention and alternatives to detention, such as community
work or mediation, could also help to reduce the prison population and were especially
appropriate for petty offences. Building more prisons was not a solution to overcrowding: a
preventive approach, based on principles of necessity and proportionality, was rather
needed to reduce detention.
39.
Examples of the efforts made to reduce over-incarceration and overcrowding were
provided by a number of delegations. They included offering alternatives to detention for
non-violent offenders (for example, electronic bracelets or community service), release
after two thirds of the sentence had been served, and providing training to specialized
judges. Measures to promote reintegration into society, such as opportunities for
professional training or attending prison colleges, and facilitating interaction with family
and friends were also highlighted.
40.
It was suggested that the Human Rights Council could elaborate guidelines for
States on the reduction of overcrowding. The representative of ICRC informed the Council
that it had drafted a handbook on strategies for the reduction of prison populations in
cooperation with UNODC. ICRC also stressed the need for a common conceptual
framework on the issue and holistic and practical guidance to prevent and alleviate the
humanitarian consequences of overcrowding.
D.
Specific groups deprived of their liberty
41.
During the discussions, participants also addressed the human rights of specific
groups deprived of their liberty. In particular, they drew the attention of the Human Rights
Council to the needs and particular vulnerability in detention of women, children (including
migrant children), persons with HIV/AIDS, and persons on death row. More generally, it
was agreed that minorities in detention are at greater risk of human rights violations and
face additional challenges in detention, given that the system has not been designed for
them.
42.
Ms. Barzanò informed the Human Rights Council that, in the context of the revision
of the Standard Minimum Rules for the Treatment of Prisoners, the question of how to
address particular groups in detention in the Rules was the object of important discussions.
For example, children fall outside their ambit given that a set of standards dealing
specifically with their needs already exists, and no consensus had yet been reached on how
to include certain aspects of the Bangkok Rules in the Standard Minimum Rules. Whether
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