HAND UMAN RIGHTS PRISONS Human Rights

1 UNITED NATIONSNew York and Geneva, 2005 Professional TrainingSeries RightsHUMANRIGHTSANDPRISONSM anual on Human RIGHTS Training for prison OfficialsNOTEThe designations employed and the presentation of the material in this publication donot imply the expression of any opinion whatsoever on the part of the Secretariat of theUnited Nations concerning the legal status of any country, territory, city or area, or ofits authorities, or concerning the delimitation of its frontiers or contained in this publication may be freely quoted or reprinted, provided creditis given and a copy of the publication containing the reprinted material is sent to theOffice of the United Nations High Commissioner for Human RIGHTS , Palais des Nations,8-14 avenue de la Paix, CH-1211 Geneva 10, NATIONS PUBLICATIONS ales No. 92-1-154154-9 ISSN 1020-1688 Cover photographs: United Nations, Department of Public Information;Sylvie Fraissard (Penal Reform International); J r mine Derigny; Pieter Boersma (Penal Reform International); Peter Frischmuth (Still Pictures)NOTE TO USERS OF THE MANUALThis Manual is one component of the four-part publication Human RIGHTS andPrisons a Human RIGHTS training package for prison officials.

2 The four components are designed to complement each other and, taken together, provide all necessary elements for the conduct of Human RIGHTS training programmes for prison officials, under the training approach developed by the Office of the United Nations HighCommissioner for Human Manual(component one of the package) provides in-depth information onsources, systems and standards for Human RIGHTS relating to the work of prison officials,practical recommendations, topics for discussion, case studies and Compilation(component two of the package) includes excerpts from and full textsof selected international Human RIGHTS instruments concerning the administration Trainer's Guide(component three of the package) provides instructions and tipsfor trainers to be used together with the Manual in conducting training courses forprison Pocketbookof international Human RIGHTS standards (component four of thepackage) is designed to be a readily accessible and portable reference for prison officials, containing a comprehensive collection of point-form standards organized according to prison officials' duties and functions, and topics, and referenced with detailed footnotes.

3 Copies of the Compilation, the Trainer's Guide, the Pocketbook and this Manual maybe obtained from:Office of the United Nations High Commissioner for Human RightsPalais des Nations8-14 avenue de la Paix CH-1211 Geneva 10 Switzerlandweb site: : Office of the United Nations High Commissioner for Human RIGHTS (OHCHR) wishesto express its gratitude for the invaluable contribution of the various organizations andindividuals who participated in the elaboration of its publication Human RIGHTS andPrisons a Human RIGHTS training package for prison two main organizations responsible for drafting the text, under OHCHR's guidance,were Penal Reform International, a London-based international non-governmental organization concerned with prison conditions and penal reform, and the InternationalCentre for prison Studies (located within the School of Law at King's College, Universityof London), which aims at assisting Governments and relevant agencies in developingappropriate policies on PRISONS and the use of draft version of Human RIGHTS and Prisonswas reviewed during an experts meeting organized by OHCHR in Geneva (9-12 March 1998).

4 Practitioners and expertsin the field participating in the meeting included Mr. Andrew Coyle from theInternational Centre for prison Studies (United Kingdom); Mr. Joseph Etima,Commissioner of PRISONS (Uganda); Mr. Henk Greven, former Director-General of PrisonAdministration and Child Care Probation (the Netherlands); Mr. Yuichi Kaido from theCentre for Prisoners' RIGHTS (Japan); Ms. Irena Kriznik, Adviser to the Government ofSlovenia; Ms. Julita Lemgruber, Assistant to the Secretary of Justice of Brazil; Nowak from the Central Board of prison Service (Poland); Mr. AhmedOthmani, Chairman of Penal Reform International; Dr. Rani Shankardass from theCentre for Contemporary Studies (India); and Prof. Dirk Van Zyl Smit, Professor ofCriminology at the University of Cape Town (South Africa). The Special Rapporteur onPrisons and Conditions of Detention in Africa appointed by the African Commission onHuman and Peoples' RIGHTS , Professor Victor Dankwa, also joined the group of United Nations Centre for International Crime Prevention* (Vienna), the UnitedNations Latin American Institute for the Prevention of Crime and the Treatment ofOffenders (San Jose, Costa Rica) and the European Committee for the Prevention ofTorture and Inhuman or Degrading Treatment or Punishment of the Council of Europe(Strasbourg) were also represented at the meeting and provided various suggestions.

5 The training package was revised on the basis of substantive comments made by theparticipants and was piloted through courses offered to prison staff through theOHCHR Technical Cooperation Programme in the Field of Human , OHCHR would like to thank the Inter-American Institute of Human RIGHTS (San Jose, Costa Rica) for translating into Spanish a draft English version of the Manual.* Renamed in October 2002 the Crime Programme of the United Nations Office on Drugs and TRAINING PACKAGE:OBJECTIVES AND BENEFICIARIESS ince 1955, the Office of the United Nations High Commissioner for Human RIGHTS (OHCHR formerly "United Nations Centre for Human RIGHTS ") has been engaged,within its Technical Cooperation Programme in the Field of Human RIGHTS , in assistingStates towards the building and strengthening of national structures that have a direct impact on the overall observance of Human RIGHTS and the maintenance of therule of law. In this context, the Office has been involved for many years in the trainingof personnel working in the area of administration of justice.

6 Among the professionals working in this sector, prison officials play an essential role inensuring that the Human RIGHTS of those who have been deprived of their liberty by imprisonment or other forms of detention are respected and upheld. In recognition ofthis role, the United Nations, since its inception, has developed a host of internationalhuman RIGHTS instruments (both treaties, such as the International Covenant on Civiland Political RIGHTS , and other documents, for example the Standard Minimum Rulesfor the Treatment of Prisoners and the Body of Principles for the Protection of AllPersons under Any Form of Detention or Imprisonment) containing basic standards relevant to prison officials' work. Such standards provide invaluable guidance to prisonstaff for the performance of their professional duties through practices that are lawful, humane and 's Human RIGHTS and PRISONS a Human RIGHTS training package for prison officials is intended to constitute a comprehensive curriculum for the training of prisonofficials on such international Human RIGHTS standards.

7 The main objectives of this publication, and of the training's methodological approach contained herein, can bestated as follows: To provide information on international Human RIGHTS standards relevant to the workof prison officials; To encourage the development of skills necessary to transform that information intopractical behaviour; To sensitize prison officials to their particular role in promoting and protectinghuman RIGHTS , and to their own potential for affecting Human RIGHTS in their daily work; To reinforce prison officials' respect for, and faith in, Human dignity and fundamentalhuman RIGHTS ; To encourage and reinforce an ethos of legality, and of compliance with internationalhuman RIGHTS standards, within PRISONS ; To equip trainers of prison officials to provide effective Human RIGHTS education andtraining. The training package's principal beneficiaries are staff who work within prison administrations, particularly those who work directly with prisoners and other detainedindividuals.

8 In addition, it may also assist various intergovernmental and non-governmentalagencies and organizations in carrying out effective training activities for prison the package focuses on international Human RIGHTS standards, it needs to be supplemented in the light of the particular national requirements and legal systems inwhich the related training programme is taking OF SYMBOLSOBJECTIVEThis section highlights the main learning objective/s of the chapter. ESSENTIAL PRINCIPLESThis section sets out the main international standards relating to the subject cov-ered by the chapter by summarizing the relevant provisions of the international IN INTERNATIONAL INSTRUMENTSThis section reproduces selected provisions of international instruments relevant to thesubject covered by the section highlights the implications of the international standards covered by thechapter in terms of action required by prison officials and management. PRACTICAL RECOMMENDATIONSThis section proposes practical courses of action to assist prison officials and managementin applying the international standards dealt with in the FOR DISCUSSIONThis section suggests topics drawn from the issues addressed in the chapter that couldbe discussed with and among trainees in full classroom sessions or small workinggroups.

9 CASE STUDY/STUDIESThis section suggests practical situations that could be discussed in small workinggroups to enable trainees to "put into practice" the knowledge they have acquired onthe international CONTENTSPageNote to users of the ..ivThe training package: objectives and beneficiaries ..vExplanation of I. INTRODUCTION1 ChapterParagraphs1. Human RIGHTS AND PRISONS .. The purposes of Human RIGHTS .. The role of prison officials ..9-1142. SOURCES, SYSTEMS AND STANDARDS FOR IN THE ADMINISTRATION OF JUSTICE .. Relevance of international standards .. The basic sources .. 18-5581. Charter of the United Nations .. 18-2082. Universal Declaration of Human Treaties: covenants and 22-4194. Principles, minimum rules and declarations .. United Nations Human RIGHTS machinery .. 56-77181. Conventional (treaty-based) 60-66182. Extraconventional (Charter-based) mechanisms .. 67-7721(a) Confidential 68-7021(b) Public procedure.

10 71-7622(c) Urgent action Sources, systems and standards at the regional level .. 78-91241. The European system under the Council of 79-82242. The inter-American system under the Organizationof American 83-87253. The African system under the African Union .. 88-9126 Section II. RIGHT TO PHYSICAL AND MORAL INTEGRITY29 Chapter3. PROHIBITION OF TORTURE AND ILL-TREATMENT ..334. ADMISSION AND RELEASE ..41viiviiiPageSection III. RIGHT TO AN ADEQUATE STANDARD OF LIVING45 Chapter05. ACCOMMODATION ..4906. RIGHT TO ADEQUATE FOOD AND DRINKING WATER ..5207. RIGHT TO CLOTHING AND IV. HEALTH RIGHTS OF HEALTH SCREENING FOR ALL NEW PRISONERS ..6309. THE RIGHT OF PRISONERS TO HAVE ACCESS TO HEALTH CARE ..6510. HEALTHY CONDITIONS IN SPECIALIST HEALTH CARE ..6912. RESPONSIBILITIES AND DUTIES OF HEALTH-CARE PERSONNEL ..72 13. HYGIENE ..7614. EXERCISE ..78 Section V. MAKING PRISONS SAFE PLACES ..81 IMPORTANCE OF REGULATING SECURITY AND PUNISHMENT AND PRESERVING GOOD ORDER.