A/HRC/30/19 human rights institutions and civil society contributes to monitoring the overcrowding and assisting authorities with its reduction. 242 63. The existence and proper functioning of independent complaints mechanisms fully accessible to detainees is also extremely important in order to alleviate overcrowding, overincarceration and their negative effects.243 V. Conclusions 64. When resorting to deprivation of liberty, States infringe upon one of the core human rights: the liberty of person. In order to justify such interference, States should apply deprivation of liberty as a measure of last resort and only after alternatives have been duly considered. 65. However, when deprivation of liberty is absolutely necessary, the State bears special responsibility towards those it detains. This entails an obligation to treat all prisoners with respect due to their inherent dignity and value as human beings, the very first requirement of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).244 66. The overuse of detention overstretches the often scarce prison resources, puts detention staff in extremely difficult, even dangerous conditions, and has serious implications on the human rights of persons deprived of their liberty. Moreover, overincarceration also constitutes one of the major underlying causes of overcrowding, which results in conditions that can amount to ill-treatment or even torture.245 67. In order to address overincarceration and overcrowding and their human rights implications, several recommendations are made in section IV of the present document, including to adopt a proactive and holistic approach; ensure respect for detainees’ right to challenge detention, to be provided with assistance by legal counsel and to have access to legal aid; use places of detention only for the purpose for which they are fit; use pretrial detention only as a last resort; develop and implement alternatives to custodial measures during pretrial and post-conviction; review penal policies and legislation to ensure proportionate sentencing; provide effective rehabilitation services to contribute to reducing reoffending rates; and ensure the existence and proper functioning of independent oversight and complaints mechanisms. 68. Since deprivation of liberty by its very nature increases social disadvantage and vulnerability to human rights violations, steps taken by States to fulfil and protect the rights of those it detains are of immense significance.246 Proactive steps to address the phenomena of overincarceration and overcrowding in places of detention not only ensure that States comply with their international obligations, but also guarantee detainees the dignity inherent to every human being. 242 243 244 245 246 See A/HRC/25/60/Add.1, para. 39; CAT/C/IRL/CO/1, para. 11; and CCPR/C/KAZ/CO/1, para. 17. See also www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/ LICAMDH_Cameroon.pdf. CCPR/C/AGO/CO/1, para. 19; CCPR/C/BDI/CO/2, para. 18; and CCPR/C/TCD/CO/2, para. 18. E/CN.15/2015/L.6/Rev.1, annex, Rule 1. A/68/295, para. 86. A/HRC/11/8, para. 29. 21