A/HRC/30/19 B. Freedom from torture and other inhuman or degrading treatment or punishment 15. Overcrowding has been established to constitute a severe form of ill-treatment,56 inhuman or degrading treatment57 and even torture.58 Poor material conditions are exacerbated by overcrowding and adversely affect all individuals living or working in places of detention. They contribute to tensions and deterioration of relations among prisoners and between prisoners and personnel, which in turn increase the risk of ill-treatment.59 16. Both international and regional human rights mechanisms have established breaches of the prohibition of torture due to overcrowding, as detainees are forced to live for prolonged periods in deplorable material conditions,60 unsuitable for a humane and dignified existence,61 with very poor hygiene and lacking out-of-cell activities,62 adequate nutrition and access to health services. 63 C. Right to health 17. States must respect the right to health and ensure equal access for all persons, including prisoners or detainees, to preventive, curative and palliative health services. 64 The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health has specifically noted the link between overincarceration,65 overcrowding and infringements upon the right to health,66 especially in relation to the spread of infectious and communicable diseases, such as tuberculosis67 and hepatitis C.68 This poses risks not only to the health of other detainees, but also to the staff and even the general population once prisoners are being released.69 18. Other United Nations and regional human rights bodies have also reported the negative impact of overcrowding upon the right to health of detainees through denial of,70 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 See CAT/OP/BRA/1, para 75. See Council of Europe documents CPT/Inf (92) 3, para. 46, and CPT/Inf (2014) 26, para. 100. See also www.achpr.org/files/sessions/12th-eo/mission-reports/promotion_mission2012/mission_report_mauritania_cpta_eng.pdf, para. 112 (ix); Kalashnikov v. Russia, European Court of Human Rights Judgement (2002), para. 102; and Ananyev and Others v. Russia, European Court of Human Rights Judgement (2012), paras. 143-148. See CAT/OP/MLI/1, para. 49, and E/CN.4/2004/56, para. 49. See CAT/OP/MDV/1, para. 210. See CAT/OP/MLI/1, paras. 49, 80; CCPR/C/ALB/CO/2, para. 16; and communication No. 2218/2012, Abdullayev v. Turkmenistan, Views adopted by the Human Rights Committee on 25 March 2015, paras. 5.3 and 7.3. See also Council of Europe document CPT/Inf (2014) 15, para. 126, and Boyce v. Barbados, Inter-American Court of Human Rights Judgement (2007), para. 94. See A/68/295, para. 45, and Montero-Aranguren v. Venezuela, Inter-American Court of Human Rights Judgement (2006), para. 99. See CAT/OP/MEX/1, para. 184, and Boyce v. Barbados, Inter-American Court of Human Rights Judgement (2007), para. 94. See A/HRC/25/60/Add.1, para. 85. See A/65/255, para. 59. See A/65/255, para. 68. See A/HRC/23/41/Add.1, para. 43. See A/HRC/23/41/Add.1, para. 52. See A/65/255, para. 29. See A/HRC/23/41/Add.2, para. 31; A/65/255, para. 29; and CAT/C/54/2, para. 77. See A/HRC/22/53/Add.2, para. 66 7

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