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
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