NCJ Number
51865
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 22 Issue: 2 Dated: (1978) Pages: 156-163
Date Published
1978
Length
8 pages
Annotation
THE HISTORICAL EVOLUTION OF THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS IS DISCUSSED, AND SUGGESTIONS FOR UPDATING ARE OFFERED.
Abstract
THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS IS NOTED TO HAVE EVOLVED FROM A 1929 DRAFT BY THE INTERNATIONAL PENAL AND PENITENTIARY COMMISSION, WHICH WAS ADOPTED IN 1934 BY THE ASSEMBLY OF THE LEAGUE OF NATIONS. A REVISED DRAFT WAS ADOPTED BY THE UNITED NATIONS IN 1957, AND IN ACCORDANCE WITH A MANDATE INCLUDED IN THE ADOPTION, PERIODIC SURVEYS HAVE BEEN CONDUCTED TO DETERMINE THE DEGREE OF IMPLEMENTATION ACCORDED TO THE RULES IN VARIOUS PARTS OF THE WORLD. UNITED NATIONS ACTIONS TO DATE HAVE INDICATED THE INTENTION OF THE RULES TO EXTEND RIGHTS GUARANTEES TO ALL PERSONS WHO HAVE BEEN DEPRIVED OF THEIR LIBERTY BY THE STATE, REGARDLESS OF THE STATE'S OBJECTIVES IN PLACING THOSE PERSONS UNDER DETENTION. WHILE IT IS BELIEVED THE BASIC DESIGN AND PHILOSOPHICAL THRUST OF THE RULES IS SUFFICIENT AND THAT THE RULES SHOULD BE FLEXIBLE ENOUGH TO BE APPLIED IN A VARIETY OF CIRCUMSTANCES, IT IS ADVOCATED THAT SPECIFIC DIRECTIVES THAT ARE DETERMINED TO BE LOGICAL CONSEQUENCES OF THE BASIC THRUST OF THE RULES BE ADDED. STATEMENTS OF BASIC PRINCIPLES ARE CONSIDERED TO BE THOSE THAT UNDERLIE THE RATIONALE FOR SPECIFIC DIRECTIVES; E.G., THE PROHIBITION OF ALL FORMS OF CRUEL, INHUMAN, OR DEGRADING PUNISHMENT; AND THE INSURANCE OF MATERIAL AND MORAL CONDITIONS THAT NOURISH HUMAN DIGNITY IN THE CONTEXT OF DETENTION. SUGGESTIONS FOR ADDITIONS TO IMPLEMENT BASIC PRINCIPLES ARE AS FOLLOWS: PROHIBITION OF MEDICAL AND SCIENTIFIC EXPERIMENTS WHICH MAY INFLICT PHYSICAL OR MORAL DAMAGE TO INMATES; PROHIBITION OF COLLECTIVE PUNISHMENT; INSPECTION OF PRISONS BY A BODY INDEPENDENT FROM CORRECTIONAL ADMINISTRATION; DIRECT ACCESS BY PRISONERS TO A VARIETY OF AUTHORITIES; PROHIBITION OF DIET REDUCTION; AND THE ALLOWANCE FOR GREATER FLEXIBILITY IN THE SEPARATION OF CATEGORIES OF PRISONERS, AS, FOR EXAMPLE, OF MALE AND FEMALE PRISONERS. IT IS FURTHER RECOMMENDED THAT THE RULES BE GIVEN WIDER PUBLICITY AND THAT INVESTIGATIONS INTO THEIR IMPLEMENTATION BE FIRSTHAND RATHER THAN THROUGH QUESTIONNAIRES. REFERENCES ARE PROVIDED. (RCB)