Non-binding instruments Universal Declaration of Human Rights (1948) • Article 5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” United Nations Declaration on the Rights of Indigenous Peoples (2007) • Article 7 1: “Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.” United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) First adopted in 1957 and revised and unanimously adopted as the Nelson Mandela Rules in 2015 • Rule 1: “All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.”14 Solitary confinement • Rule 43: “1. In no circumstances may restrictions or disciplinary sanctions amount to torture or other cruel, inhuman or degrading treatment or punishment. The following practices, in particular, shall be prohibited: (a) Indefinite solitary confinement; (b) Prolonged solitary confinement; (c) Placement of a prisoner in a dark or constantly lit cell; … .” • Rule 44: “For the purpose of these rules, solitary confinement shall refer to the confinement of prisoners for 22 hours or more a day without meaningful human contact. Prolonged solitary confinement shall refer to solitary confinement for a time period in excess of 15 consecutive days.” • Rule 45: “1. Solitary confinement shall be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to the authorization by a competent authority. 14. The centrality of the Mandela Rules is reflected in New Zealand through section 5 of the Corrections Act 2004, which states: “(1) The purpose of the corrections system is to improve public safety and contribute to the maintenance of a just society by – … (b) providing for corrections facilities to be operated in accordance with rules set out in this Act and regulations made under this Act that are based, amongst other matters, on the United Nations Standard Minimum Rules for the Treatment of Prisoners;…” 59