A/68/295
Interim report of the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment
Summary
In the present report, submitted pursuant to General Assembly resolution
67/161, the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment addresses issues of special concern and recent developments
in the context of his mandate.
The Standard Minimum Rules for the Treatment of Prisoners, approved by the
Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and
2076 (LXII) of 13 May 1977, are considered to be among the most important softlaw instruments for the interpretation of various aspects of the rights of prisoners.
Adopted in 1955, some of the provisions of the Rules are now dated. The ongoing
review process of the open-ended intergovernmental Expert Group on the Standard
Minimum Rules is an opportunity to enhance understanding of the scope and nature
of the prohibition against torture and other ill-treatment, the contexts and
consequences in which they occur and effective measures to prevent them.
In this report, the Special Rapporteur reflects on targeted areas of review and
offers a set of procedural standards and safeguards from the perspective of the
prohibition of torture or other ill-treatment that should, as a matter of law and policy,
be applied, at a minimum, to all cases of deprivation of liberty.
Not only do certain areas of the Rules require updating in the light of
developments in international law, but Governments must renew their commitment to
adequately addressing the needs of persons deprived of liberty, with full respect for
their inherent dignity and their fundamental rights and guarantees, in order to
enhance the implementation of the Rules and the minimum standards contained
therein.
2/23
13-42285