A/HRC/31/72
persons and be given access to the totality of case files, while maintaining the
confidentiality of communications. States must ensure that all alleged acts of reprisals and
intimidation before, during or after a visit of by an independent body are promptly,
impartially and effectively investigated with perpetrators brought to justice, and victims
provided with effective remedies. All reports into treatment and conditions of detainees
made by independent bodies should be made public.
55.
States are urged to adhere to the Nelson Mandela Rules, paying special attention to
the adequate conditions of detention or imprisonment and staff awareness of the need for
reasonable accommodation of cultural, dietary, religious and linguistic characteristics of
minority prisoners.
56.
Prison authorities should put in place detailed and practical guidance, through
operational protocols, codes of conduct, regulations and training for the ongoing monitoring
and analysis of discrimination against minorities with regard to access to services and
rehabilitative programmes. This should include providing attention to accommodation,
employment opportunities, health care, vocational training, education, disciplinary
measures and the use of sports facilities, libraries and religious sites while detained, as well
as access to temporary release and parole decisions. Complaints of direct or indirect
discrimination in accessing these services or programmes should be documented,
investigated and punished.
57.
States should ensure that persons are informed of their right to legal aid and other
procedural safeguards, as well as of the potential consequences of voluntarily waiving those
rights prior to any interrogation and at the time of deprivation of liberty. Such information
should be made accessible to the public.
58.
States should pay special attention to and seek to reduce the detention of minorities
in high-security institutions. The use of disciplinary measures, restrictive interventions or
special security measures, such as administrative segregation, should be subject to clear
procedures and regular monitoring and evaluation to ensure that these are not used
disproportionately against members of minority groups.
59.
As affirmed by the Nelson Mandela Rules, the treatment of prisoners should
emphasize not their exclusion from the community, but their continuing part in it (rule 88).
Those rights may have additional significance for members of minorities, for whom access
to outside religious representatives or cultural groups may be as important as access to
family and lawyers. States should guarantee that minorities deprived of their liberty are
therefore able to maintain contact with their families and communities, including their
religious and cultural leaders, by ensuring their placement in institutions close to their
home, while ensuring that their visitors are not discriminated against by prison personnel
and not exposed to disrespectful language or discriminatory attitudes, including deliberate
use of intimate searching, sexual abuse or serious physical abuse and threat.
1.
Pretrial detention
60.
States should ensure that membership of a minority group is not a sufficient reason,
de jure or de facto, to place a person in pretrial detention. Pretrial detention shall last no
longer than necessary and be administered humanely, with respect for the inherent dignity
of all individuals. Minority individuals charged with committing crimes who are placed in
pre-trial detention facilities should have access to an effective legal aid system and exercise
their right to appeal to a judicial or other competent independent authority in their case,
without discrimination.
61.
In accordance with the United Nations Standard Minimum Rules for Non-custodial
Measures (the Tokyo Rules), States should use pretrial detention as a means of last resort
(with due regard for the investigation of the alleged offence and for the protection of
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