A/HRC/39/39 monitoring of inmate status and release entitlement, and the failure to grant parole. 71 They have recommended that efforts to ease overcrowding include alternatives to deprivation of liberty, such as mediation, diversion, community service, and administrative and monetary sanctions (see A/68/261). 45. Human rights mechanisms have also expressed concerns regarding violence in prisons associated with prison congestion and have recommended enhanced efforts to prevent inter-prisoner violence by addressing the factors that contribute to it, such as overcrowding (see, for example, CAT/C/BLR/CO/5). 46. The Special Rapporteur on violence against women, its causes and consequences has reported that, in many countries, there has been a disproportionate increase in the rates of imprisonment of women, including for low-level drug-dealing offences (see A/68/340).72 In several Latin American countries, women convicted of drug-related offences make up more than half of the female prison population. Very high levels of incarceration of women can also be found in East and South-East Asia.73 47. The United Nations High Commissioner for Human Rights has recommended several measures for addressing overincarceration and overcrowding. These include adopting a proactive and holistic approach; ensuring respect for detainees’ right to challenge detention, and ensuring provision of assistance by legal counsel and access to legal aid; using places of detention only for the purpose for which they are fit; using pretrial detention only as a last resort; developing and implementing alternatives to custodial measures during pretrial and post-conviction; reviewing penal policies and legislation to ensure proportionate sentencing; providing effective rehabilitation services to contribute to reducing reoffending rates; and ensuring the existence and proper functioning of independent oversight and complaints mechanisms (see A/HRC/30/19 and A/HRC/36/28). 48. The outcome document of the thirtieth special session recommended: (a) alternative and additional measures; and (b) proportionate sentencing. 74 Both issues are relevant in addressing prison overcrowding. 1. Alternative and additional measures 49. The United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) provide a set of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons subject to alternatives to imprisonment. The Tokyo Rules are intended to promote greater community involvement in the management of criminal justice, specifically in the treatment of offenders, and to promote among offenders a sense of responsibility towards society. 50. The Tokyo Rules provide that the dignity of the offender subject to non-custodial measures shall be protected at all times. In the implementation of non-custodial measures, the offender’s rights shall not be restricted further than what was authorized by the competent authority that rendered the original decision. Since human rights violations may occur in the implementation of alternative measures, such as in community service, it is vital that offenders have recourse to a formal complaints system, set out clearly in legislation. 51. The Special Rapporteur on violence against women, its causes and consequences (see A/68/340) and the Committee on the Elimination of Discrimination against Women (see CEDAW/C/AUS/CO/8) have called on States to develop gender-sensitive alternatives to incarceration, and to promote community-based sentencing for female offenders. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide comprehensive standards for the 71 72 73 74 10 See A/HRC/11/2/Add.2, A/HRC/16/47/Add.3, CCPR/CO/81/BEL, CAT/C/CRI/CO/2, A/HRC/16/47/Add.3, A/HRC/7/3/Add.3, A/65/255, A/HRC/10/44, and Human Rights Committee general comment No. 35 (2014) on liberty and security of person. See also www.unodc.org/wdr2018/prelaunch/WDR18_Booklet_5_WOMEN.pdf. See also the submission from the Centre for Legal and Social Studies. Recommendation 4 (j)–(k).

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