A/HRC/RES/42/11 1. Takes note with appreciation of the report of the United Nations High Commissioner for Human Rights on violence, death and serious injury in situations of deprivation of liberty;1 2. Calls upon States to spare no effort to provide for effective legislative, judicial, social, educative and other relevant mechanisms and procedures, as well as adequate resources, to ensure the full implementation of all United Nations standards on human rights in the administration of justice, in particular the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), and invites them to assess their national legislation and practice in accordance with those standards; 3. Invites States to take into consideration the issue of human rights in the administration of justice in the context of the universal periodic review; 4. Also invites States to include in their efforts to implement the 2030 Agenda for Sustainable Development and their national development plans the administration of justice as an integral part of the development process; 5. Stresses that ensuring that any individual arrested or detained is promptly brought before a judge or other independent judicial officer in person, and permitting prompt and regular medical care and legal counsel throughout all stages of detention, as well as visits by family members and independent monitoring mechanisms, are effective measures for the prevention of torture and other cruel, inhuman or degrading treatment or punishment as well as other forms of violence leading to death and serious injuries in situations of deprivation of liberty; 6. Urges all States to consider establishing, maintaining or enhancing independent mechanisms with the mandate to monitor all places of detention, including by making unannounced visits, and to hold private interviews without witnesses with all persons deprived of their liberty; 7. Calls upon States to maintain or establish independent, effective, accessible, safe, and, if so requested, confidential request and complaint mechanisms for detainees and prisoners that promptly deal with and reply to these and have the capacity to provide remedial action; 8. Also calls upon States to ensure a proper file and data management system on prisoners that allows the tracking of the number of persons deprived of their liberty, their detention period, offences or grounds for detention, and developments regarding the prison population, and encourages States to collect, compile and analyse other up-to-date, comprehensive and disaggregated data about the circumstances and causes of violence, death and serious injury in situations of deprivation of liberty; 9. Recalls the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment in international law, and calls upon States to address and prevent detention conditions of persons deprived of their liberty that amount to torture or other cruel, inhuman or degrading treatment or punishment; 10. Calls upon States to investigate promptly, effectively and impartially all alleged human rights violations and abuses suffered by persons deprived of their liberty, in particular cases involving violence, death, serious injury, torture and cruel, inhuman or degrading treatment or punishment, to provide effective remedies to victims and to ensure that any custodial death, disappearance or serious injury is reported without delay to a judicial or other competent authority that is independent of the detention administration and that detention administrations cooperate fully with the investigating authority and preserve all evidence; 11. Also calls upon States to address and prevent violence in situations of deprivation of liberty, including inter-prisoner violence, by taking effective measures, such as reasserting responsible control over prisons and prison populations where prisons are de facto managed by prisoners, keeping the different categories of prisoners separated, taking 1 A/HRC/42/20. 3

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents