UN Standard Minimum Rules for the Treatment of Prisoners Revision process

Transcription

1 UN Standard Minimum Rules for the Treatment of Prisoners Revision process Olivia Rope 14 November 2013

2 Outline About Penal Reform International Timeline of the revision process for the SMR Targeted revisions approach areas for revision Substantive issues Monitoring bodies and SMR Detention monitoring tool: support preventative mandate

3 Penal Reform International Promoting fair and effective criminal justice Origins Headquarters in London Regional Offices Partners

4 PRI priorities Reduction of use of imprisonment Prevention of torture and ill-treatment Children in conflict with the law Abolition of the death penalty and humane alternatives Proportionate and sensitive response to women offenders and prisoners

5 Methods Technical assistance Legislative and regulatory frameworks Reference and guidance publications Training Practical programmes Detention conditions Standard setting SMR

6 Outline About Penal Reform International Revision process for the SMR Targeted revisions approach areas for revision Substantive issues Monitoring bodies methodology Detention monitoring tool: support preventative mandate

7 Start of the process December 2010: General Assembly Resolution Requesting the UN Crime Commission to establish an open-ended intergovernmental expert group (IEGM) Mandate of IEGM: exchange information on best practices, on ( ) existing international law, and on the revision of existing UN Standard Minimum Rules for the Treatment of Prisoners so that they reflect recent advances in correctional science and best practices.

8 Need for revision SMR adopted in 1957: no ICCPR, CAT, soft law standards on detention Outdated Rules for example Rule 32: reduction of food as disciplinary punishment No guidance on body searches Rule 93: Legal assistance limited Rule 55 on independent inspection Healthcare provisions (Rule 22 ) Rules 82 and 83: insane and mentally abnormal

9 Relevance of SMR Comprehensive document on conditions of detention and treatment of prisoners Blueprint for national prison rules Extensively used as a reference by different HR treaty bodies

10 Outline About Penal Reform International Timeline of the revision process for the SMR Targeted revisions approach areas for revision Substantive issues Monitoring bodies and SMR Detention monitoring tool: support preventative mandate

11 Targeted changes approach First IEGM in Vienna, February 2012 Alternative compromise identification of areas that have become the most outdated and submit them for revision Not lower any of the existing standards basis of negotiations for revisions

12 Should not lower any existing standards UN General Assembly resolution on Torture and other cruel, inhuman or degrading treatment or punishment, 22 October 2013, A/C.3/68/L.33: Human Rights Council resolution on human rights in the administration of justice, 23 September 2013, A/HRC/24/L.28: Crime Commission resolution, 25 April 2013, UN Doc. E/CN.15/2013/L.22/Rev.1: (endorsed by ECOSOC, 20 September 2013, E/RES/2013/35 Report and recommendations of the IEGM in Buenos Aires, 13 December 2012, UNODC/CCPCJ/EG.6/2012/4 UNGA resolution, 20 December 2012 A/RES/67/188 ECOSOC resolution, 10 August 2012, E/RES/2012/13 Crime Commission resolution, April 2012 First IEGM, Vienna, 16 February 2012, UNODC/CCPCJ/EG.6/2012/1:

13 Areas of revision 1. Respect for prisoners inherent dignity and value as human beings 2. Medical and health services 3. Disciplinary action and punishment, including the role of medical staff, solitary confinement and reduction of diet 4. Investigation of all deaths in custody, as well as any signs or allegations of torture or inhuman or degrading treatment or punishment of prisoners

14 Areas of revision (cont.) 5. Protection and special needs of vulnerable groups deprived of their liberty 6. The right of access to legal representation 7. Complaints and independent inspection 8. Training of relevant staff to implement the SMR 9. Consideration of the requirements and needs of prisoners with disabilities' And the replacement of outdated terminology

15 Second IEGM: Buenos Aires Second IEGM in December 2012 Significant progress / strengthened consensus Submission of Essex Paper proposing concrete wording for Rules up for revision: Outcome of independent experts meeting at Essex University, co-hosted by PRI Search Essex on PRI s website (in 5 languages)

16 Next steps Crime Commission, April 2013 extended mandate Third IEGM in Brasilia, January 2014 (TBC) Negotiations on actual wording UNODC Working document

17 Submissions ahead of next IEGM Special rapporteur on Torture, report to the General Assembly with the thematic focus on the SMR Review process Noted prohibition of torture is absent from Rules Offered procedural standards and safeguards to be applied at a minimum

18 SR on Torture Report on SMR Solitary confinement: only in very exceptional circumstances, as a last resort, for as short a time as possible and with the established safeguards in place after obtaining the authorisation of a competent authority subject to independent review Free, fair and transparent access to medical services including obligation to detect signs of ill-treatment or torture Other issues covered - available on PRI s website

19 Outline About Penal Reform International Timeline of the revision process for the SMR Targeted revisions approach areas for revision Substantive issues Monitoring bodies and SMR Detention monitoring tool: support preventative mandate

20 Legal representation: SMR Current text of the SMR: Rule 93: Right to receive visits from legal counsel but limited to pre-trial detention and for the purpose of defense Rule 37: communication with family and reputable friends

21 Legal representation UN Basic Principles on the Role of Lawyers (1990) Principle 8 All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.

22 Legal representation Access to legal aid for prisoners UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (2013) Comprehensive accessible, effective, sustainable and credible Unhindered access to legal aid providers for detained persons

23 Legal representation Principle of confidentiality UN Body of Principles (Principle 33) UN Basic Principles on the Role of Lawyers (Principle 22) UN Legal Aid Principles (Principle 12) States should ensure that legal aid providers are able to consult and meet with their clients freely and in full confidentiality

24 Disciplinary measures (SMR Rules 31 and 32) Prohibitions of reduction of diet and water, and limit of family visits for punishment Remove role of medical officer in punishments Solitary confinement : exceptional cases (re: SR Torture s report) and inclusion of absolute prohibition for juveniles and pregnant women, women with infants and breastfeeding mothers (UN Rules for the Protection of Juveniles Deprived of their Liberty and UN Bangkok Rules)

25 Inspections (Rule 55) Inclusion of independent (external) inspections/monitoring Broaden scope from current text (purpose to ensure objectives of penal and correctional services are met) to ensuring rights of prisoners

26 Inspections existing bodies Istanbul Principles (Principle 7) Guidelines for Action on Children in the Criminal Justice System (Guideline 21) OHCHR Manual on Human Rights Training for Prison Officials Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas European Prison Rules CPT Standards OPCAT Demonstration of importance and proven effectiveness of regular & independent inspections

27 Monitoring bodies and SMR SMR: point of reference for assessments of conditions Revision of SMR and OPCAT both preventing torture and ill-treatment ensuring humane detention conditions Reactive and preventative Comprehensive analysis of risk situations and recommend systemic changes

28 Detention Monitoring Tool: Addressing risk factors to prevent torture and ill-treatment Developed by PRI and Association for the Prevention of Torture (APT) Analysis and practical guidance to fulfil preventative mandate of monitoring bodies Piloted with NPM in Georgia English and Russian

29 Contents of PRI-APT Detention Monitoring Tool Four thematic papers Introduces the issue in context of international standards and human rights norms Examines in detail the risk factors Illustrate cases and country examples Recommendations on how to address issue in monitoring bodies work

30 Contents of PRI-APT Detention Monitoring Tool Balancing security and dignity: a framework for preventative monitoring LGBTI persons deprived of their liberty: a framework for preventative monitoring Institutional culture in detention: a framework for preventative monitoring Women in detention: a guide to gendersensitive monitoring

31 Contents of PRI-APT Detention Five factsheets Monitoring Tool Practical guidance on systemic issues that are particularly high risk factors Lists relevant international standards Identifies types and situations of risk Provides checklists of questions that monitoring bodies could enquire into Suggests what monitoring bodies can do

32 Contents of PRI-APT Detention Monitoring Tool Body searches Instruments of restraint Pre-trial detention Staff working conditions Videorecording in police custody

33 Factsheet: Staff working conditions Context: Respect for human rights of prisoners is hugely dependent on working conditions of staff. On any one day prison officers can be required to be gatekeepers, agents of criminal justice, peacemakers, instruments of change and delivers and interpreters of policy The prison officer, Routledge, 2012

34 Factsheet: Staff working conditions Main standards: UN and regional instruments Types and situations of risk: Institution and culture (including prison management, discrimination ) Recruitment, training and initial placement Conditions of service Prisoner officer well-being

35 Factsheet: Staff working conditions What can monitoring bodies do? Gather background information Include staff working conditions as a component of visits (eg. interview members of staff) Act on issue (eg. raising concerns with prison director, include recommendations in report, publish thematic reports/opinion pieces)

36 Resources All available at Section on SMR Review (under Global Advocacy) Essex Paper Links to state submissions and meeting documentation Joint NGO Briefing on review process Updates on next steps Torture Prevention resources including Detention Monitoring Tool