Standard Minimum Rules for the Treatment of Prisoners

E/RES/2013/35View PDF

Who adopted this document and its mandates?

A Resolution of the Economic and Social Council, under agenda item 14c Crime prevention and criminal justice, published in 2013.

What other versions does this mandate have?

3 versions · 2012–2014

This is an older version — the most recent is E/RES/2014/16

Year	Symbol	Title	Word length	Text similarity
2014	E/RES/2014/16	Standard Minimum Rules for the Treatment of Prisoners	2,088	39%Compare
2013	E/RES/2013/35	Standard Minimum Rules for the Treatment of Prisoners	1,800	44%Compare
2012	E/RES/2012/13	Standard Minimum Rules for the Treatment of Prisoners	1,489	–

What subjects does this mandate have?

1 subject

Prisoner Treatment

What’s in this document?

26 operative paragraphs

Recommends to the General Assembly the adoption of the following draft resolution:

Expresses its gratitude to the Government of Argentina for hosting the second meeting of the Expert Group on the Standard Minimum Rules for the Treatment of Prisoners, held in Buenos Aires from 11 to 13 December 2012, and expresses its appreciation for the work done and the progress made at that meeting;

Takes note of the working paper prepared by the Secretariat examining the preliminary areas for possible consideration, and recognizes that, to a large extent, the paper has captured issues and identified rules of the Standard Minimum Rules for the Treatment of PrisonersError: Reference source not found to be considered for a comprehensive revision under each preliminary area;

Expresses appreciation for the submissions of Member States in response to the request to exchange information on best practices and on the revision of the existing Standard Minimum Rules;

Recognizes the need for the Expert Group to take into account the social, legal and cultural specificities of Member States;

Takes into consideration the recommendations of the Expert Group with regard to the issues and the rules of the Standard Minimum Rules identified for revision,¹⁸ in the following areas:

¹⁸E/CN.15/2013/23, paras. 15–24, and UNODC/CCPCJ/EG.6/2012/4, paras. 7–16.

Respect for prisoners’ inherent dignity and value as human beings (rules 6, para. 1; 57–59; and 60, para. 1);

Medical and health services (rules 22–26; 52; 62; and 71, para. 2);

Disciplinary action and punishment, including the role of medical staff, solitary confinement and reduction of diet (rules 27, 29, 31 and 32);

Investigations of all deaths in custody, as well as of any signs or allegations of torture or inhuman or degrading treatment or punishment of prisoners (rules 7, proposed 44 bis and proposed 54 bis);

Protection and special needs of vulnerable groups deprived of their liberty, taking into consideration countries in difficult circumstances (rules 6 and 7);

The right of access to legal representation (rules 30; 35, para. 1; 37; and 93);

Complaints and independent inspection (rules 36 and 55);

The replacement of outdated terminology (rules 22–26, 62, 82 and 83 and various others);

Training of relevant staff to implement the Standard Minimum Rules (rule 47);

Decides to extend the mandate of the Expert Group, authorizing it to continue its work within its mandate with a view to reporting to the Commission on Crime Prevention and Criminal Justice at its twenty-third session, and requests the Secretary-General to ensure that the required services and support are provided for this purpose;

Expresses its gratitude to the Government of Brazil for its readiness to host a further meeting of the Expert Group to continue the revision process;

Invites Member States to continue to be engaged in the revision process by submitting to the Secretariat, by 30 September 2013, proposals for revision in the nine areas identified above and to participate actively in the next meeting of the Expert Group, and invites civil society and relevant United Nations bodies to contribute to the process;

Requests the Secretariat to prepare a working paper integrating all inputs received from Member States, pursuant to paragraph 8 above,¹⁹ for consideration at the next meeting of the Expert Group;

¹⁹Those inputs include the proposal by the Governments of Argentina, Brazil, South Africa, the United States of America, Uruguay and Venezuela (Bolivarian Republic of), circulated in a conference room paper at the twenty-second session of the Commission on Crime Prevention and Criminal Justice.

Reiterates that any changes to the Standard Minimum Rules should not lower any of the existing standards but should improve them so that they reflect the recent advances in correctional science and good practices, so as to promote safety, security and humane conditions for prisoners;

Takes note of the contribution received from the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture and other submissions received for consideration,²⁰ and underlines in this regard the valuable contribution of civil society in this process;

²⁰Including the summary of an expert meeting held at the University of Essex, the United Kingdom of Great Britain and Northern Ireland, on 3 and 4 October 2012 on the review of the Standard Minimum Rules.

Encourages Member States to improve conditions in detention, consistent with the principles of the Standard Minimum Rules and all other relevant and applicable international standards and norms, to continue exchanging good practices, such as those regarding conflict resolution in detention facilities, including in the area of technical assistance, to identify challenges faced in implementing the Rules and share their experiences in dealing with those challenges, and to provide relevant information in that regard to their experts participating in the Expert Group;

Recommends that Member States endeavour to reduce overcrowding and pretrial detention, where appropriate; promote increased access to justice and legal defence mechanisms; reinforce alternatives to imprisonment such as fines, community service, restorative justice and electronic monitoring; and support rehabilitation and reintegration programmes, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules);Error: Reference source not found

Reiterates its request to the Secretary-General to continue to promote the use and application of the United Nations standards and norms in crime prevention and criminal justice by, inter alia, providing advisory services and technical assistance to Member States on request, including assistance in criminal justice and law reform and in the organization of training for law enforcement and criminal justice personnel and support in the administration and management of penal and penitentiary systems, thus contributing to the upgrading of their efficiency and capabilities;

Reaffirms the important role of the United Nations crime prevention and criminal justice programme network, intergovernmental organizations and non-governmental organizations in consultative status with the Economic and Social Council in contributing to the dissemination, promotion and practical application of the Standard Minimum Rules for the Treatment of Prisoners, in accordance with the procedures for the effective implementation of the Rules;Error: Reference source not found

Invites Member States and other donors to provide extrabudgetary resources for the purposes described above, in accordance with the rules and procedures of the United Nations.

Who adopted this document and its mandates?

What other versions does this mandate have?

What subjects does this mandate have?

What’s in this document?

Table of contents