A/HRC/10/44 page 22 67. Furthermore, the Special Rapporteur is concerned that, in many countries, persons accused or convicted of drug-related crimes are subject to other forms of discriminatory treatment in places of detention, including solitary confinement, special prison regimes and poor detention conditions. In Indonesia, for example, people convicted of drug-related crimes are held in special prison regimes, and suspected drug consumers and traders are particularly vulnerable to abuse, as ill-treatment is frequently used by the police to extract information on drug suppliers58. Moreover, in many cases, their detention and/or forced treatment are not subject to judicial review. For instance, at the time of the Special Rapporteur’s visit to China, “enforced drug rehabilitation” programmes (qianzhi jiedu) were a specific form of administrative detention.59 D. Palliative care/access to pain relief suffers from drug-control barriers 68. Worldwide, millions of people continue to suffer from often severe pain,60 although already in 1961, the Single Convention, in its preamble, recognized that “the medical use of narcotic drugs continues to be indispensable for the relief of pain and suffering and that adequate provision must be made to ensure the availability of narcotic drugs for such purposes”, and its articles 4 and 21 further referred to the need for drugs to be available for medical purposes and the treatment of the sick. At its twentieth special session, the General Assembly, in its Guiding Principles of Drug Demand Reduction, more firmly declared the commitment of States to ensure adequate availability of narcotic drugs for the treatment of pain. In its resolution 2005/25 on treatment of pain using opioid analgesics, the Economic and Social Council recognized the importance of improving the treatment of pain, including by the use of opioid analgesics, as advocated by WHO, especially in developing countries, and called upon Member States to remove barriers to the medical use of such analgesics, taking fully into account the need to prevent their diversion for illicit use. 69. However, access to narcotic drugs is still severely restricted and sometimes unavailable, in particular in the global South. WHO notes that “approximately 80 per cent of the world’s population has either no, or insufficient access to, treatment for moderate to severe pain. This is true for both developing and industrialized countries. Each year tens of millions of patients suffer moderate to severe pain without treatment: 0.8 million end-stage HIV/AIDS patients, about 58 A/HRC/7/3/Add.7, paras. 22 and 64; appendix I, paras. 2 and 96. 59 E/CN.4/2006/6/Add.6, para. 33, footnote 34. Whereas a new law regulating detention for drug offences that entered into force in 2008 eliminated the use of re-education through labour, according to reports received by the Special Rapporteur, compulsory rehabilitation is still proscribed. 60 See for example World Health Organization briefing note on access to controlled medications programme, September 2008. See also the report of the International Narcotics Control Board for 2004 (E/INCB/1999/1), para. 15.

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