(b) Suitable conditions of incarceration
This general principle that all persons deprived of their liberty must be treated with
humanity is given further substance when other provisions of the ICCPR are taken
into account. For example:
•
the prohibition on holding a person in slavery or servitude;51
•
the prohibition on torture and cruel, inhuman and degrading treatment or
punishment;52
•
the right of accused persons to be segregated from convicted persons and to
separate treatment appropriate to their status as unconvicted persons;53
•
the right of a person not to be subjected to arbitrary or unlawful interference with
their privacy, family, home or correspondence;54
•
the right to freedom of thought, conscience and religion;55
•
the right to hold opinions without interference;56 and
•
the right to freedom of expression.57
The Standard Minimum Rules for the Treatment of Prisoners also add substance to the
general principle contained in the ICCPR by setting out ‘what is generally accepted as being
good principle and practice in the treatment of prisoners and the management of institutions.’
The Standard Minimum Rules are divided into several categories; relevantly rules of general
application, rules applicable to prisoners under sentence, prisoners under arrest or awaiting
trial, and persons arrested or detained without charge.
The rules of general application set out minimum conditions of imprisonment with regard to
appropriate
accommodation,
51
Article 8(1)(2), ICCPR.
52
Article 7, ICCPR.
53
Article 10(2)(a), ICCPR.
54
Article 17(1), ICCPR.
55
Article 18(1), ICCPR.
56
Article 19(1), ICCPR.
57
Article 19(2), ICCPR.
clothing,
nutrition,
48
medical
services,
discipline
and