Inmates’ rights to accommodation are implicitly protected by Article10 (1) of the ICCPR, which guarantees the right to be treated with humanity and with respect for inherent dignity.254 This was stressed by the HRC in a number of its Concluding Observations and cases. In its Concluding Observations on Senegal,255 Georgia,256 Mongolia,257 India,258 and Colombia,259 HRC found that overcrowding in the correctional centres violated Article 10(1) of the ICCPR. In Lantsova v Russian
252
Lines R, (note 8) at 36, citing Toebes B, “Towards an Improved Understanding of the International Human Right to Health”, Human Rights Quaterly, 1999, 21.3, 665.
253
Lines R, (note 8) at 39.
254
International Covenant on Civil and Political Rights, (note 29) above.
255
UN Human Rights Committee, Concluding Observations: Senegal, (1998) UN Doc A/53/40, para 64.
256
UN Human Rights Committee, Concluding Observations: Georgia, (1997) UN Doc A/52/40 vol I 40, para 243.
257
UN Human Rights Committee, Concluding Observation: Mongolia, (note 231) above para 12.
258
UN Human Rights Committee, Concluding observations: India, (note 230) above para 26.
259
UN Human Rights Committee Report regarding human rights’ violation for detainees in Colombia, (note 53) para 74.
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Federation, the HRC found the violation of Article 10(1) of the ICCPR as the result of
poor correctional centre conditions, which included, among other things, overcrowding as follows:
regarding the conditions of detention, the Committee notes that the State party concedes that prison conditions were bad and that detention centres at the time of the events held twice the intended number of inmates. The Committee also notes the specific information received from the author, in particular that the prison population was, in fact, five times the allowed capacity... The Committee finds that holding the author’s son in the conditions prevailing at this prison during that time entailed a violation of his rights under article 10, paragraph 1 of the Covenant. 260
In Steve Shaw v Jamaica, the HRC found that overcrowding in the police cell also violated Articles 10 (1) of the ICCPR.261
Apart from the ICCPR, these rights are protected by Article 9 of the CRPD, which protects the right of people with disability including disabled inmates.262 This Article obliges the state parties to “take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas”. It also obliges the state
260
Lantsova v Russian Federation, Communication No.763/1997,U.N.Doc.CCPR/C/74/D/
763/1997 (2002) para 9.1.
261
Steve Shaw v Jamaica, Communication No. 704/1996, UN. Doc. CCPR/C/62/D/704/1996 (4
June 1998).
262
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parties to identify and remove obstacles and barriers to accessibility to, among other things, buildings, roads, indoor and outdoor facilities including medical facilities, information, communications and services such as electronic services and emergency services. This obligation, however, has to be fulfilled progressively and subject to the available resources.263
The non-binding international standards that protect these right include the SMRTP,264 the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment265 and Economic and Social Council’s (ECOSOC) Resolution on International Cooperation aimed at the Reduction of Prison Overcrowding and the Promotion of Alternative Sentencing.266 The SMRTP oblige the states to keep different categories of inmates in separate institutions which take into account, among other things, their sex, age, and the necessities of their treatment.267 It also obliges the states to ensure that sleeping accommodation in the correctional centres meets the requirements of health which takes into account climatic conditions, cubic content of air, minimum floor space, lighting, heating and ventilation.268 Furthermore, the SMRTP obliges the states to ensure that there is
263
Article 2 of the Convention on the Rights of Persons with Disability, (note 31) above. .
264
Standard Minimum Rules for the Treatment of Prisoners, (note 237) above.
265
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, (note 238) above.
266
Economic and Social Council Resolution on International Cooperation aimed at the Reduction of Prison Overcrowding and the Promotion of Alternative Sentencing, 1998/23, 44th plenary meeting on 28 July 1998.
267
Rule 8 of the Standard Minimum Rules for Treatment of Prisoners, (note 237) above.
268
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artificial ventilation, windows which allow entrance of fresh air and natural light which enables inmates to read or work.269 Lastly, the SMRTP obliges the states to ensure that sanitary installations are adequate to enable inmates to comply with the needs of nature in a clean and decent manner.270
The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment obliges the states to ensure that inmates are treated in a humane manner and with respect for their inherent dignity.271 They also oblige the states to ensure that inmates’ accommodation does not subject them to torture and cruel, inhuman or degrading treatment or punishment.272 Furthermore, they oblige the states to ensure that inmates’ accommodation is not detrimental to their health.273 The ECOSOC’s Resolution requests international and regional financial institutions to adopt measures aimed at reducing overcrowding in the correctional centres.274
269
Rule 11 of the Standard Minimum Rules for Treatment of Prisoners, (note 237) above.
270
Rule 12 of the Standard Minimum Rules for Treatment of Prisoners, (note 237) above.
271
Principles 1 and 6 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, (note 238) above.
272
Idem, emphasis added.
273
Idem.
274
Economic and Social Council Resolution on International Cooperation aimed at the
Reduction of Prison Overcrowding and the Promotion of Alternative Sentencing, (note 266) above.
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