A/HRC/8/3
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measures to prevent human rights abuses by private persons. As I have previously observed, this
obligation has notably far-reaching implications in the custodial context.87 In terms of the
obligation to respect rights, the controlled character of the custodial environment permits States
to exercise unusually comprehensive control over the conduct of government officials - such as
police officers, prison guards and soldiers - in order to prevent them from committing violations.
In terms of the obligation to ensure rights, the controlled character of the custodial environment
also permits States to take unusually effective and comprehensive measures to prevent abuses by
private persons. Moreover, by severely limiting inmates’ freedom of movement and capacity for
self-defence, the State assumes a heightened duty of protection. It is inconceivable that a State
could fulfil this heightened duty of protection while permitting prisoners to run prisons.
74. The problems of prisoner violence and abdication of authority to prisoners have long been
recognized by international human rights instruments. The oldest and most venerable among
them is the Standard Minimum Rules for the Treatment of Prisoners,88 which reflect customary
international law in many respects and provide authoritative guidance in interpreting many
provisions of the International Covenant on Civil and Political Rights and other treaties. When
prisoners run prisons, the provision of discipline by prisoners is integral to the practice. Yet the
Standard Minimum Rules clearly prohibit this.89 The broader issue of prisoner-on-prisoner
87
A/61/311, paras. 49-54.
88
Adopted in 1955 and endorsed by the Economic and Social Council in 1957.
89
Articles 28 and 29 provide that:
(1)
capacity.
No prisoner shall be employed, in the service of the institution, in any disciplinary
(2) This rule shall not, however, impede the proper functioning of systems based on
self-government, under which specified social, educational or sports activities or responsibilities
are entrusted, under supervision, to prisoners who are formed into groups for the purposes of
treatment.
29. The following shall always be determined by the law or by the regulation of the
competent administrative authority:
(a)
Conduct constituting a disciplinary offence;
(b)
The types and duration of punishment which may be inflicted;
(c)
The authority competent to impose such punishment.
See also United Nations Rules for the Protection of Juveniles Deprived of their Liberty
(General Assembly resolution 45/113 (14 December 1990)), art. 71: “No juveniles should be
responsible for disciplinary functions except in the supervision of specified social, educational or
sports activities or in self-government programmes”; European Prison Rules (Committee of
Ministers, Council of Europe, Rec (2006) 2 (11 January 2006)), art. 62: “No prisoner shall be
employed or given authority in the prison in any disciplinary capacity.”
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