A/72/53/Add.1
7.
Reaffirms that no one should be unlawfully or arbitrarily deprived of his or
her liberty, and notes the principles of necessity and proportionality in this regard;
8.
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;
9.
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 by that court, as well as prompt access to legal counsel, in
accordance with their international obligations and commitments;
10.
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;
11.
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, offences or grounds for detention, and developments regarding the prison
population, and encourages States to collect other up-to-date, comprehensive and
disaggregated data that allow for the identification and prevention of discrimination in the
administration of justice and overincarceration;
12.
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;
13.
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;
14.
Encourages States to address overcrowding in detention facilities by taking
effective measures, including by 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;
15.
Urges States to take all necessary measures to prevent and eliminate
discrimination in law and in practice against persons belonging to vulnerable groups in the
administration of justice that may also result in their overincarceration and
overrepresentation throughout the criminal justice process;
16.
Also urges States to pay special attention to the conditions of detention or
imprisonment of persons with increased vulnerability and their particular needs;
17.
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;
18.
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;
19.
Underscores the particular importance of providing appropriate training in
the administration of justice, including for prosecutorial and judicial authorities, with a
view to raising awareness of and eliminating prejudice and discrimination, ensuring
proportionate sentencing and enhancing the implementation of non-custodial measures at
the pretrial and post-conviction stages;
44
GE.17-18194
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents