A/70/212
equality before the law. Such punishment could constitute cruel, inhuman or
degrading punishment or even torture.
58. International instruments recognize the right of all prisoners to communicate
with and receive visits from the outside world, including family, friends and
lawyers. 81 As affirmed by the Standard Minimum Rules for the Treatment of
Prisoners (Mandela Rules): “The treatment of prisoners should emphasize not their
exclusion from the community, but their continuing part in it.” 82 These rights may
have additional significance for members of minorities, for whom access to outside
religious representatives or cultural groups may be as important a s access to family
and lawyers. 83 Such contact may also be important with respect to the State ’s
obligation to protect and promote the minority identity. The requirement that there
be an attempt to place each prisoner in a facility near his or her home takes on
particular importance for minority prisoners in the case where a particular minority
is geographically concentrated. 84
59. Prison administrators should ensure they are aware of minorities in the prison
population, in order to sensitize and monitor staff interactions and so that prison
services are responsive, for instance, as regards the language and themes of books
selected for the prison library. 85
60. Authorities must ensure that each prisoner is informed about and has effective
access to complaints procedures regardless of language or any other obstacles
arising from his or her minority status. 86
61. Independent authorities and expert bodies should be mandated to supervise
and monitor pretrial and prison facilities, with expertise on discrimination and the
situation of minority prisoners and adequate representation of minorities within the
body’s membership. 87
62. While all former prisoners face stigma and challenges to successful
reintegration within society, minorities may have particular difficulty in this regard.
States should have specially adapted reintegration plans for vulnerable groups 88 and
ensure that laws that permanently deprive convicted persons of the right to vote do
not have a disproportionate impact on minority groups. 89
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81
82
83
84
85
86
87
88
89
15-12578
Standard Minimum Rules for the Treatment of Prisoners (revised 2015), rules 58, 61 and 65(3);
and Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, principles 17, 18 and19, and 28 (regarding the right to obta in “cultural material”).
Standard Minimum Rules (revised 2015), rule 88.
Body of Principles, principle 19.
Standard Minimum Rules (revised 2015), pule 59; and Body of Principles, principle 20.
See Standard Minimum Rules for the Treatment of Prisoners (revised 2015), rule 64.
Standard Minimum Rules for the Treatment of Prisoners (revised, 2015), rules 54 -57; and Body
of Principles, principle 14.
CERD General Recommendation 31 (2005), para. 39; Optional Protocol to the Convention
against Torture, article 18 (2); and Subcommittee on the Prevention of Torture, CAT/C/46/2
(2011), para. 107 (j). See, generally, Standard Minimum Rules (revised 2015), rules 83 -85; and
Body of Principles, principle 29.
CERD/C/CAN/CO/18 (2007), para. 1; and Standard Minimum Rules for the Treatment of
Prisoners (revised 2015), rule 90.
CERD General Recommendation XX (48), on article 5 (1996) and Special Rapporteur
communication JAL USA 3/2012.
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