A/HRC/8/3
page 30
88. The gravity and importance of the problem of prisoner-run prisons is one reason why the
Human Rights Council should give urgent consideration to the appointment of a Special
Rapporteur on the rights of detainees. This area constitutes a major gap in the existing coverage
of the special procedures system and is one that should be remedied as soon as possible.98
III. CONCLUSIONS AND RECOMMENDATIONS
89. This section is not designed to summarize the foregoing analysis. In addition to
the measures recommended above, the Special Rapporteur makes three other
recommendations.
90.
The Council should appoint a Special Rapporteur on the rights of detainees.
91. In recent months, the situation in Darfur has deteriorated yet again. During 2007, the
Special Rapporteur was a member of the Group of Experts on Darfur, appointed by the
Human Rights Council. The Council’s action in not renewing the mandate of the Group in
December 2007, despite its conclusion that the Sudan had failed to meet many of the
benchmarks that had been set, represented the triumph of politics over human rights and
brought no credit to the Council. That step should be reconsidered.
92. The Council should acknowledge the vacuum that is created as a result of the ability
of States in which serious concerns over extrajudicial executions have been identified to
refuse to respond to requests to visit by the Special Rapporteur. The Council should look
very closely at the failure in this regard of the countries named in paragraph 11 above.
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98
While the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment has done excellent work on those aspects of prison conditions which fall within his
mandate, this covers only a limited area of the much broader range of problems that need to be
addressed. In addition, it is unreasonable to expect a single mandate-holder to cover the entirety
of two such broad-ranging and critically important sets of issues.
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