A/HRC/RES/30/7
9.
Calls upon States to apply individual criminal responsibility and to refrain
from detaining persons solely on the basis of their family ties with an alleged offender;
10.
Also calls upon States to ensure that anyone who is deprived of his or her
liberty has prompt access to a competent court with the effective power to determine the
lawfulness of the detention and to order release if the detention or imprisonment is
determined not to be lawful, as well as prompt access to legal counsel, in accordance with
their international obligations and commitments;
11.
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;
12.
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 and developments regarding the prison population;
13.
Recalls the absolute prohibition of torture and 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 cruel,
inhuman or degrading treatment or punishment;
14.
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 death, torture and cruel, inhuman or degrading treatment or
punishment, to provide effective remedies to the victims, and to ensure that detention
administrations cooperate fully with the investigating authority and preserve all evidence;
15.
Encourages States to address overcrowding in detention facilities by taking
effective measures, including through enhancing the availability and use of alternatives to
pretrial detention and custodial sentences, access to legal aid, mechanisms for crime
prevention, early release and rehabilitation programmes and the efficiency and capacity of
the criminal justice system and its facilities, and to make use in this regard of, inter alia, the
United Nations Office on Drugs and Crime Handbook on Strategies to Reduce
Overcrowding in Prisons;
16.
Calls upon States to review penal policies that can contribute to
overincarceration and overcrowding, in particular regarding so-called “zero-tolerance”
policies, such as the application of mandatory pretrial detention and mandatory minimum
sentences, especially for minor and/or non-violent crimes;
17.
Urges States to endeavour to reduce pretrial detention, which should be a
measure of last resort and for as short a period as possible by, inter alia, adopting legislative
and administrative measures and policies on its preconditions, limitations, duration and
alternatives, and by taking measures aimed at implementing existing legislation, as well as
by ensuring access to justice and legal advice and assistance;
18.
Underscores the particular importance of providing appropriate training for
prosecutorial and judicial authorities with a view to ensuring proportionate sentencing and
enhancing the implementation of non-custodial measures at the pretrial and post-conviction
stages;
19.
Recognizes that every child and juvenile alleged as, accused of or recognized
as having infringed the law, particularly those who are deprived of their liberty, as well as
child victims and witnesses of crimes, should be treated in a manner consistent with his or
her rights, dignity and needs, in accordance with international law, bearing in mind relevant
international standards on human rights in the administration of justice and taking into
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