A/HRC/8/3 page 25 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.”

Select target paragraph3

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