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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