A/HRC/8/3
page 27
international standards that should guide the use of these tools and underlying factors that must
be addressed to enable progress.
76. The Government’s legal power to determine which prisoners are confined to which cells,
wings and prisons at which times provides one powerful example of the tools Governments have
to retake control from prisoner authorities and prevent prisoner-on-prisoner violence. The power
to control inmates’ movements can be used to disrupt particular circumstances in which inmates
attempt to become prisoner authorities, dominating and coercing fellow prisoners. Particularly
vulnerable individuals, including ones who have been threatened by other prisoners, may be
given protective custody. Prisoner authorities may themselves be moved and isolated from the
rest of the prison population.92
77. In addition to these separation measures, staff can systematically classify and segregate
new inmates in such a way as to reduce the opportunities and incentives for inmates to form
violent organizations. International human rights treaties require that some groups of inmates be
separated, providing that accused persons shall be segregated from convicted persons,93 juvenile
offenders shall be segregated from adults94 and migrant workers held for migration-related
violations shall be segregated from convicted persons or persons awaiting trial.95 Other criteria
for segregation are enumerated in standards instruments adopted by international bodies. These
include the separation of men from women and of persons detained for civil offences from those
detained for criminal offences.96 International standards also suggest the importance of
classification to encourage rehabilitation and discourage recidivism.97
78. These broad categories, however, provide only a starting point for national authorities.
While Governments must avoid classifications that would be inconsistent with human rights law
prohibitions on discrimination, there are numerous other country-specific criteria that may be
relevant, including gang affiliation (whether as a criterion for grouping or separating), past
behaviour in prison and the severity and character of the offence committed. To make any such
effort effective, it must be approached systematically. First, the Government should develop a
92
Note, however, that sustained and comprehensive isolation can violate human rights law
requirements that “persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person” and that “[n]o one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment” (ICCPR, arts. 7, 10 (1). The
“super max” approach of continuous single cell confinement for the worst perpetrators has, in
particular, raised serious concerns.
93
ICCPR, art. 10.
94
ICCPR, art. 10; Convention on the Rights of the Child, art. 37.
95
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, art. 17.
96
97
Standard Minimum Rules, art. 8.
Standard Minimum Rules, arts. 67-69; United Nations Rules for the Protection of Juveniles
Deprived of their Liberty, arts. 27-29.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents