among others, face challenges and have distinct needs when deprived of their liberty.
The UN independent expert on protection against violence and discrimination based
on sexual orientation and gender identity has endorsed the guidance developed by
the Association for the Prevention of Torture in 2018 to monitor the situation of LGBTI
persons who are deprived of their liberty. The guide sets some measures to prevent
ill-treatment and torture and highlights some global promising practices.
Ms. Verma further said that while she had already shared some positive examples of
actions taken by the state to improve situation in prison but there are gaps remaining
especially amid the outbreak of COVID-19 pandemic. There is a longer term need to
address global issue of overcrowding and over incarceration. Long standing
shortcomings in data collection and transparency in prisons have been highlighted
during the pandemic. Rates of COVID-19 among staffs and people detained remained
unknown in many countries as well as the implementation and impact of the release
mechanisms. In addition, there is a need for a country specific research on the
barriers to the full implementation of alternatives to detention including gender
specific options, supported by financial, institutional, and human resources needed
to implement them. She stressed that further country specific researchers need to
explain why women are increasingly imprisoned, their pathways to offending, their
barriers to access justice, their rights as suspects, defendants and convicted persons.
She further stated that, very little research has also been conducted with
transgender, gender fluid and non-conforming communities in places of deprivation
of liberty.
Ms. Verma concluded, while the effective management of prisons requires adequate
resources, many of the Mandela and Bangkok Rules do not require additional
resources for their implementation as highlighted by technical cooperation examples
of shared commitment to the division of laws and policies, and ensuring adequate
capacity staffing and training can have a positive impact on implementation of the
international human rights standards and the protection of persons deprived of their
liberty. Awareness of the need to uphold rights of prisoners, to develop an agenda of
responsive system and prisons is indeed crucial, but we need to recognise that it is
not enough. She ended her remarks by stating that there needs to be a systemic
change which requires investment and leadership.
3.3. Ms. Miriam Wachira, Country Director, Justice Defenders, Kenya presented about
the application of Mandela Rules in Kenya and efforts to ensure the application of
Mandela Rules in Kenya as a case study. Ms. Wachira elaborated that practical
application of Mandela Rules enables countries to strengthen prison management
with a view to ensure the secure, safe, and human custody of prisoners. However,
equal attention must be given to fully address the challenges resulting from the global
prison crisis such as:
i.
Crime prevention
Focusing on persons at risk; criminal policy reform to
reduce over-incarceration, to promote the effective use
of non-custodial sanctions, including evidence-based
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