3.2. Ms. Shivani Verma, Human Rights Officer, Office of the High Commissioner for
Human Rights (OHCHR), Regional Office for Southeast Asia, Bangkok expressed her
thought and support for prison reform based on the human rights perspective.
According to her, recent years had seen measures to develop and to improve human
rights standards around the world. Many actors have been working with great effort
and energy to advocate and to promote for the rights of those who receive only parts
of their rights such as prisoners.
Although the Universal Declaration of Human Rights (UDHR) 1948 does not
specifically refer to prisoners as the beneficiary of the rights49 but subsequent human
rights covenants50 and instruments which deal with prisoners, prison management
and conditions of detention do provide a valuable insight and compliment the
principles contained in the legal treaties that are the international covenants. This
includes the 1995 Standard Minimum Rules for the Treatment of Prisoners as an
important start. In 2015, the UN General Assembly adopted expanded rules which is
known as the Nelson Mandela Rules in honor of arguably the most celebrated
prisoner of the 20th century. The Mandela Rules provide states with detailed
guidelines to treat all prisoners with respect for their inherent dignity and value as
human beings, prohibit torture and all forms of degrading treatment and offer
detailed guidance on a variety of issues ranging from disciplinary measures to medical
services. These rules have been employed as a blueprint for the drafting of national
prison rules globally.
There is also the UN Standard Minimum Rules on Non-Custodial Measures (Tokyo
Rules) which outlines a set of principles to promote the use of non-custodial
measures and sanctions, as well as minimum safeguards for person subject to
alternatives of imprisonment. The minimum requirements contained in the Nelson
Mandela Rules and Tokyo Rules are more relevant today than ever. It is estimated
that there are well over 10 million prisoners worldwide, excluding people detained
by the police or detained in administrative detentions where there has been no
formal decision to charge or to prosecute. The number of persons serving life
sentences has increased. Global trends also show no decline in prison violence
worldwide with little guarantee of a safe and secure environment for many prisoners.
In light of these concerns, OHCHR will closely work with the national human rights
institutions (NHRI), civil society organisations (CSO), lawyers and legal aid agencies to
ensure the implementation of human rights norms and standards at the national
level, primarily through technical cooperation programs, advisory services, inspection
visits and assistance programs. OHCHR supports States’ efforts to improve the prison
conditions including the inspection visits to prisons and places of detention,
monitoring the condition of the detention, and reviewing the legal basis of detention.
49
However, the rights laid out in UDHR 1948 implicitly covered prisoners such as prohibition to torture, the right
to a fair trial and the presumption of innocence.
50
The International Covenant on Civil and Political Rights (ICCPR) and the Covenant on Economic, Social and
Cultural Rights (ESCR) contain references to the treatment of people deprived of liberty.
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