A/HRC/30/19
resort. However, international41 and regional42 bodies have expressed their concern over the
increasing use of pretrial detention and its excessive length, noting its significant
contribution to overcrowding,43 leading to a situation where, in some prisons, pretrial
detainees constitute the majority of the population.44
12.
It has also been reported that, in some States, overcrowding makes it difficult to
monitor the implementation of each sentence. This infringes upon the right to personal
liberty of those who have already served their sentences and are not promptly released.45
13.
Concerns have also been expressed over practices of preventive custody46 and postconviction preventive detention47 employed by some States, which both infringe upon the
right to liberty and contribute to the problem of overincarceration and overcrowding.
14.
Authorities in charge of places of detention bear the duty of care towards
detainees,48 a duty often neglected as — due to overcrowding — prison resources are
overstretched and staffing levels are inadequate for the numbers of detainees. This leads to
serious breaches of the right to security of detainees and instances where authorities fail to
protect detainees from inter-prisoner violence.49 Due to overcrowding, tensions may also
arise between the staff and detainees50 with a potential serious impact on discipline, 51
leading to rule by the most powerful detainees, 52 riots, disturbances and hunger strikes in
protest to the conditions of detention.53 Furthermore, overcrowding in detention facilities
may be so extreme that the authorities are unable to ensure the protection of detainees in
case of such emergencies as floods and fire,54 which in turn may infringe upon their right to
life.55
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
6
See A/HRC/19/57, para. 48; CAT/C/54/2, para. 76; and CCPR/C/TUR/CO/1, para. 17.
See www.achpr.org/files/sessions/12th-eo/mission-reports/promotion_mission2012/mission_report_mauritania_cpta_eng.pdf, para. 38. See also Council of Europe document
CPT/Inf (2014) 31, para. 56.
See CAT/C/TGO/CO/2, para. 12, and CAT/OP/MLI/1, para. 29.
See CAT/C/46/2, para. 52, and CAT/C/GTM/CO/5-6, para. 17.
See CAT/C/RWA/CO/1, para. 19, and CAT/OP/PRY/1, para. 46.
See A/HRC/27/48, paras. 78 and 79.
See A/HRC/27/48, para. 75; A/HRC/4/25/Add.3, para. 7(f); and CAT/OP/BEN/1, para. 151.
See Council of Europe document CPT/Inf (2015) 12, para. 54.
See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, p. 53, and Neptune v. Haiti, Inter-American
Court of Human Rights Judgement (2008), para. 137; CPT/Inf (2015) 12, para. 106. See also Council
of Europe document CPT/Inf (2014) 26, para. 110; CAT/C/BGR/CO/4-5, para. 23;
CAT/C/GTM/CO/5-6, para. 18, CAT/C/MEX/CO.5-6, para. 19; CCPR/C/BOL/CO/3, para. 20; and
CAT/OP/MEX/1, para. 178.
See Council of Europe document CPT/Inf (2014) 31, para. 56; A/HRC/25/60/Add.1, para. 19; and
CAT/OP/BEN/1, para. 210.
See CAT/OP/MLI/1, para. 49.
See CAT/OP/MEX/1, para. 166; CAT/C/BGR/CO/4-5, para. 23; and Council of Europe document
CPT/Inf (2015) 12, para. 54.
See CAT/C/BOL/CO/2, para. 18, and CAT/C/MAR/CO/4, para. 19.
See Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012),
para. 96. See also Council of Europe document CPT/Inf (2014) 26, para. 102, and CAT/OP/MEX/1,
para. 176.
See Pacheco Teruel et al. v. Honduras, Inter-American Court of Human Rights Judgement (2012),
para. 66.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents