| |
|
|
| Specific
Instruments |
|
Basic Principles for the Treatment of Prisoners |
 |
| Date of adoption:
14/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment |
|
| Date of adoption:
9/12/1988 |
Entry into
force:
- |
| System of protection:
Universal |
|
Safeguards guaranteeing protection of the rights of those facing the death penalty |
|
| Date of adoption:
25/5/1984 |
Entry into
force:
- |
| System of protection:
Universal |
|
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules) |
|
| Date of adoption:
14/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Standard Minimum Rules for the Treatment of Prisoners |
|
| Date of adoption:
30/8/1955 |
Entry into
force:
- |
| System of protection:
Universal |
|
United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) |
|
| Date of adoption:
14/12/1990 |
Entry into
force:
- |
| System of protection:
Universal |
|
Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
|
| Date of adoption:
9/12/1975 |
Entry into
force:
- |
| System of protection:
Universal |
|
Basic principles on the use of restorative justice |
|
| Date of adoption:
2000 |
Entry into
force:
- |
| System of protection:
Universal |
|
Protocol No. 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment |
|
| Date of adoption:
4/11/1993 |
Entry into
force:
1/3/2002 |
| System of protection:
Council of Europe |
|
Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment |
|
| Date of adoption:
4/11/1993 |
Entry into
force:
1/3/2002 |
| System of protection:
Council of Europe |
|
Inter-American Convention to Prevent and Punish Torture |
|
| Date of adoption:
9/12/1985 |
Entry into
force:
28/2/1987 |
| System of protection:
Organization of American States |
|
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto |
|
| Date of adoption:
16/9/1963 |
Entry into
force:
2/5/1968 |
| System of protection:
Council of Europe |
| |
|
|
| General
Instruments |
 |
|
American Convention on Human Rights (Pact of San Jose, Costa Rica) |
|
| Date of adoption:
22/11/1969 |
Entry into
force:
18/7/1978 |
| System of protection:
Organization of American States |
|
International Covenant on Civil and Political Rights (ICCPR) |
|
| Date of adoption:
16/12/1966 |
Entry into
force:
23/3/1976 |
| System of protection:
Universal |
|
Universal Declaration of Human Rights (UDHR) |
|
| Date of adoption:
10/12/1948 |
Entry into
force:
- |
| System of protection:
Universal |
| |
|
|
| Articles |
|
|
Due Process and the Right to Life in the Context of the Vienna Convention on Consular Relations |
|
|
Monica TINTA FERIA |
| Latest update:
30/12/2002 |
First published:
2001 |
| Reference:
Vol. 12 (2001) EJIL 363 |
|
The right to due process in international law context and LaGrand affair before the International Court of Justice. |
| |
|
|
| Websites |
|
|
Amnesty International |
| Languages:
Arabic English French Spanish |
 |
|
Country reports and the latest news releases, information on AI latest campaigns and appeals for action to help protect human rights. Section "Library": Research available by country / region / theme.
Links to hundreds of human rights websites. |
|
Human Rights Watch - Defending Human Rights Worldwide |
| Languages:
Arabic Chinese English French Portuguese Russian Spanish |
|
|
The official site of Human Rights Watch - an independent NGO.
News releases - Current events - Publications - Info by country - Campaigns - Issues -Reports - Links... Search engine. A very informative site. |
|
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment |
| Languages:
English French |
|
|
The site offers access to visit reports and other documents of the Committee. |
| |
|
|
| Selected
Case Law |
|
|
International Pen v. Sudan (in respect of Kemal al-Jazouli) |
|
| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 92/93, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 18. |
|
Victim held incommunicado without charge for 3 months - Inadmissible - Non-exhaustion of local remedies. |
|
Campbell v. the United Kingdom |
|
| Date:
25/3/1992 |
| Decision-making body:
European Court of Human Rights |
| Legal reference:
ECHR, 25 March 1992, A233. n° 52/1990/243/314. |
|
Interference in a prisoner's correspondence with his lawyer - Interference in the right to private life - In accordance with the law - Legitimate aim to prevent disorder and crime - No pressing social need - Violation of Article 8. |
|
Patterson Matthews v. Trinidad and Tobago |
|
| Date:
29/5/1998 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
Communication No 569/1993 : Trinidad and Tobago. 29/05/98. CCPR/C/62/D/569/1993 |
|
Conditions of detention - Corporal punishment - Violation of Article 10(1). |
|
Antti Vuolanne v. Finland |
|
| Date:
2/5/1989 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/35/D/265/1987. |
|
Military detention for disciplinary reasons - violation of Article 9(4) (right to proceedings before a court without delay). |
|
Joaquin Herrera Rubio v. Colombia |
|
| Date:
2/11/1987 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/31/D/161/1983 |
|
Arrest and detention - Torture and cruel, inhuman and degrading treatment - Kidnapping and execution - Violation of Articles 7 and 10(1) - Violation of Articles 2 and 6(1). |
|
Eric Hammel v. Madagascar |
|
| Date:
3/4/1987 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/29/D/155/1983 |
|
Detention and deportation of a foreigner - Violation of Article 9(4) - Violation of Article 13 (right of a deported foreigner to submit reasons against his expulsion and to have his case reviewed by the competent authorities). |
|
C.F., M.L. and J.-L.L. v. Canada |
|
| Date:
12/4/1985 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/24/D/113/1981 |
|
Detained persons prohibited from voting - Communication was inadmissible based on Articles 2(1), 2(3) and 25 - Failure to exhaust domestic remedies. |
|
Antonio Viana Acosta v. Uruguay |
|
| Date:
29/3/1984 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/21/D/110/1981 |
|
Arrest and detention of a journalist - Torture and cruel, inhuman and degrading treatment - Notion of inhuman treatment - Violation of Articles 7, 10 and 14. |
|
E. Quinteros Almeida v. Uruguay |
|
| Date:
21/7/1983 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/19/D/107/1981 |
|
Detention and torture - Disappearance - Notion of victim who may present a written communication to the Committee - Violation of Articles 7, 9 and 10. |
|
Miguel Angel Estrella v. Uruguay |
|
| Date:
23/3/1983 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/18/D/74/1980 |
|
Detention in inhumane conditions - Torture and inhuman treatment - Violation of due process - Violation of Articles 7, 10, 14 and 17. |
|
Hugo Haroldo Dermit Barbato v. Uruguay |
|
| Date:
21/10/1982 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/17/D/84/1981 |
|
Death of a prisoner - Suicide or death following acts of torture and cruel, inhuman and degrading treatment - Obligation on the state to take adequate measures to protect the lives of prisoners - Violation of Article 6 (right to life). |
|
Bleier v. Uruguay |
|
| Date:
29/3/1982 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/15/D/30/1978 |
|
Arrest and detention - Kept in secret - Torture and cruel, inhuman and degrading treatment - Violation of Article 6 (right to life) - Burden of proof on the state - Violations of Articles 7, 9 and 10. |
|
Larry James Pinkney v. Canada |
|
| Date:
29/10/1981 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/14/D/27/1977 |
|
Delay of two and a half years to produce a copy of the trial decision (transcripts) needed to file an appeal - Objective responsibility of the state - Conditions of detention - Prison labor - Violation of articles 14(3) and 14(5). |
|
Luciano Weinberger Weisz v. Uruguay |
|
| Date:
29/10/1980 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/11/D/28/1978 |
|
Arbitrary arrest and detention - Cruel treatment - Deprivation of the right to participate in political activities for 15 years - Violation of articles 7, 9, 10, 14, 15, 19, 25 - Excessive restriction on the political rights of a criminal offender. |
|
Beatriz Weismann and Alcides Lanza Perdomo v. Uruguay |
|
| Date:
3/4/1980 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/9/D/8/1977 |
|
Arrest and arbitrary detention - Due process - Application of freedom of expression - Right to free expression of political opinions - Violation of articles 7, 9, 10, 14 and 19. |
|
Moriana Hernandez Valentini de Bazzano v. Uruguay |
|
| Date:
15/8/1979 |
| Decision-making body:
Human Rights Committee |
| Legal reference:
CCPR/C/7/D/5/1977 |
|
Torture, cruel, inhuman and degrading treatment and punishment suffered by a prisoner - Notion of torture - Right to visit of parents of prisoners - Violation of Articles 7, 10, 14 and 25. |
|
Durand and Ugarte Case (No. 50) |
|
| Date:
28/5/1999 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Durand and Ugarte, Preliminary Objections. IACHR Series C. N° 50. May 28, 1999. (See also No. 68). |
|
Disappearance of imprisoned persons - Violation of articles 4 (Right to life), 5.2 (Torture), 7.1, 7.5, 7.6 (Right to personal liberty), 8 and 25 (Judicial guarantees and protection). |
|
Neira Alegría et al. Case (No. 29) |
|
| Date:
19/12/1996 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Neira Alegría et al. Reparations (Art. 63(1) American Convention on Human Rights). IACHR Series C. N°29. September 19, 1996. (See also Nos. 13, 20). |
|
Arrest and detention - Accusation related to terrorist acts - Disappearance after detention center placed under army control - Violation of articles 4.1 (Right to life), 7.6 (Habeas Corpus) and 27.2 (judicial guarantees) - Reparation. |
|
Neira Alegría et al. Case (No. 20) |
|
| Date:
19/1/1995 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Neira Alegría et al. Decision and Judgement. IACHR Series C. N°20. January 19, 1995. (See also Nos. 13, 29). |
|
Arrest and detention - Accusation related to terrorist acts - Disappearance after detention center placed under army control - Violation of articles 4.1 (Right to life), 7.6 (Habeas Corpus) and 27.2 (judicial guarantees) - Reparation. |
|
Neira Alegría et al. Case (No. 13) |
|
| Date:
11/12/1991 |
| Decision-making body:
Inter-American Court of Human Rights |
| Legal reference:
Neira Alegría et al. Preliminary Objections. IACHR Series C. N°13. December 11, 1991. (See also Nos. 20, 29). |
|
Arrest and detention - Accusation related to terrorist acts - Disappearance after detention center placed under army control - Violation of articles 4.1 (Right to life), 7.6 (Habeas Corpus) and 27.2 (judicial guarantees) - Reparation. |
| |
|
|
| Case Law
Websites |
|
|
Commonwealth Human Rights Case Law Database (The) |
| Languages:
English |
|
|
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions. |
|
Council of Europe - Human Rights Web |
| Languages:
English French |
|
|
Search the case-law of the European Convention on Human Rights control bodies. |
|
Inter-American Court of Human Rights |
| Languages:
English Spanish |
|
|
Search the case law of the Inter-American Court. |
|
International Human Rights Law Database (The) |
| Languages:
English |
|
|
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database. |
|
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos |
| Languages:
Spanish |
|
|
Directory of the case law of the Inter-American Court 1980 - 1997. |
| |
|
|
| Reports |
|
|
Etude sur les droits de l'homme dans la prison |
|
|
Commission Nationale Consultative des Droits de l'Homme (France) |
Date:
2004 |
| Reference:
- |
| Source:
Commission Nationale Consultative des Droits de l'Homme (France) |
|
Study on human rights in prison |
|
Administration of Justice, Rule of Law and Democracy: : Report of the sessional working group on the administration of justice |
|
|
Antoanella-Iulia Motoc (Présidente-Rapporteuse / Chairperson-Rapporteur) |
Date:
15/8/2002 |
| Reference:
Distr. GENERAL, E/CN.4/Sub.2/2002/7, 15 August 2002 |
| Source:
United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights |
|
Issues relating to the deprivation of the right to life, with special reference to the imposition of the death penalty; Privatization of prisons; Improvement and efficiency of the judicial institutions for the protection of human rights at the national level; The domestic implementation in practice of the obligation to provide domestic remedies; Transitional justice: mechanisms of truth and reconciliation; Discriminatory rules of evidence with regard to rape and sexual assault; Current trends in international criminal justice. |
|
Discrimination in the criminal justice system - Final working paper |
|
|
Leïla Zerrougui |
Date:
23/5/2002 |
| Reference:
Distr. GENERAL, E/CN.4/Sub.2/2002/5, 23 May 2002 |
| Source:
United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights |
|
World Conference against Racism; Implications of the tragedy of 11 September 2001; The fragile status of aliens and discriminatory mechanisms in inter-State cooperation on criminal matters; The unsuitability of national criminal justice systems for the needs of vulnerable populations; Conclusions and recommendations. |
|
Report of the working group on a draft optional protocol |
|
|
Elizabeth Odio Benito |
Date:
20/2/2002 |
| Reference:
E/CN.4/2002/78 |
| Source:
Working group on a draft optional protocol |
|
Report of the working group on a draft optional protocol to
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment on its tenth session |
|
Human rights in the administration of justice, in particular of children and juveniles in detention |
|
|
Secrétaire général de l'ONU / UN General Secretary |
Date:
11/2/2002 |
| Reference:
Distr. GENERAL, E/CN.4/2002/63, 11 February 2002 |
| Source:
United Nations Commission on Human Rights |
|
A report session on practical measures for the implementation of the international standards in the field of human rights in the administration of justice, in particular regarding rebuilding and strengthening structures and capacities for the administration of justice in post-conflict situations, and in juvenile justice, as well as the role of technical assistance of the United Nations system in this regard. |
|
Prisons |
|
|
Human Rights Watch |
Date:
2002 |
| Reference:
World Report 2000, Special Issues and Campaigns |
| Source:
Human Rights Watch |
|
Annual Report by Human Rights Watch.
Abusive Treatment of Prisoners - Unsentenced Prisoners - Health - Defending Prisoners' Human Rights - United Nations Monitoring Efforts. |
|
For the Record 2001: The United Nations Human Rights System |
|
|
Human Rights Internet |
Date:
2001 |
| Reference:
Human Rights Internet, 2001 |
| Source:
Human Rights Internet |
|
FTR is an electronic annual report that provides summaries of relevant human rights information generated within the UN system. An important reference tool for those active in national and international social justice movements, the report also aids in simplifying the human rights work of the UN for the uninitiated, members of national legislative assemblies, journalists, students, teachers and the general public.
Produced with the support of the Canadian Department of Foreign Affairs and International Trade since 1997, the report is organized thematically as well as by country and covers all relevant UN documentation over a full calendar year. These include: State reports prepared for the six human rights treaty bodies and the concluding observations of the experts who review those reports; documentation, resolutions and decisions by various UN system bodies. |
|
The administration of justice and human rights - Report of the sessional working group |
|
|
Groupe de travail session sur l'administration de la justice / Sessional working group on the administration of justice |
Date:
15/8/2000 |
| Reference:
Distr. GENERAL, E/CN.4/Sub.2/2000/44, 15 August 2000 |
| Source:
United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights |
|
Report of the sessional working group on the administration of justice. Key issues:
- issues related to the deprivation of the right to life, with special reference to imposition if the death penalty and to summary, arbitrary and extrajudicial executions;
- privatisation of prisons;
- improvement and efficiency of the judicial instruments for the protection of human rights at the national level and their impact at the international level;
- administration of justice through military tribunals and other exceptional jurisdictions;
- the domestic implementation in practice of the obligation to provide effective domestic remedies. |
|
Enforced or Involuntary Disappearances |
|
|
HCDH / OHCHR |
Date:
1/1998 |
| Reference:
Fact Sheet No.6 (Rev.2) |
| Source:
Office of the United Nations High Commissioner for Human Rights |
|
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
|
Prisons in Latin America and the Caribbean |
|
|
Human Rights Watch |
Date:
1997 |
| Reference:
Human Rights Watch Prison Project |
| Source:
Human Rights Watch |
|
"The past few years have been dramatic ones in Latin American and Caribbean prisons, which hold a total of over half a million inmates. Conditions continue to stagnate -- and even to worsen in some countries -- inspiring dramatic and violent forms of prisoner protest. Massacres, riots, and other violent incidents have been occurring in prisons across the region, providing further evidence of the widespread failure of Latin America's penal systems". |
|
The Working Group on Arbitrary Detention |
|
|
HCDH / OHCHR |
Date:
inconnue |
| Reference:
Fact Sheet No. 26 |
| Source:
Office of the United Nations High Commissioner for Human Rights |
|
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
| |
|
|
| Books |
|
|
The Treatment of Prisoners Under International Law |
|
|
Nigel RODLEY |
| Reference:
Oxford, Clarendon Press, 1999 |
| Languages:
English |
|
Various aspects of torture and other ill-treatment - Current legal status of the prohibition - Summary or arbitrary executions - "Disappearance" - Prison conditions - Corporal punishment - Internationally prescribed rules - Legal safeguards. |
|
Combattre la torture en Europe : le travail et les normes du Comité européen pour la prévention de la torture (CPT) |
|
|
Malcolm EVANS - Rod MORGAN |
| Reference:
Strasbourg, Éditions du Conseil de l'Europe, 2002 |
| Languages:
French |
|
The aim of this book is to make known the norms elaborated by the CPT for application in situations of detention.
The authors describe in details and comment on the way the Committee operates, the visits it organises and the norms it establishes. |
|
Transfer of Prisoners under International Instruments and Domestic Legislation. A Comparative Study |
|
|
Michal PLACHTA |
| Reference:
Frieburg, Germany, Max Planck Institut, 1993 |
| Languages:
English |
|
Repatriation of foreign prisoners: Legal and social problems involved in the execution of sentences of foreign prisoners - National attempts at improving conditions for foreign prisoners - Transnational concepts of repatriation… |
| |
|
|
| Periodicals |
|
|
Dedans dehors |
|
| Reference:
Observatoire international des prisons |
| Contact:
|
http://www.oip.org/oip/publications/publications.htm |
| Languages:
French |
|
Reflections on the rights of detained persons - Testimonies - Perspectives on the evolution of respect for dignity in the prison environment. |
|
Human Rights Tribune |
|
| Reference:
Ottawa, Human Rights Internet |
| Contact:
hri@hri.ca |
http://www.hri.ca/cftribune/ |
| Languages:
English |
|
A tri-yearly publication of HRI (Human Rights Internet). Addresses all areas of human rights from a non-governmental perspective world-wide. Articles about important events - NGO reports - Analysis of the work of human rights organizations. |
| |
|
|
| Human Rights
Actors |
|
|
Amnesty International (AI) |
|
|
http://www.amnesty.org |
Type:International or Regional Organization |
|
Amnesty International is a worldwide campaigning movement that works to promote internationally recognized human rights. |
|
Committe on the Administration of Justice (CAJ) |
|
|
http://www.caj.org.uk/ |
Type:NGO (Non-Governmental Organization) |
|
CAJ seeks to secure the highest standards in the administration of justice in Northern Ireland by ensuring that the government complies with its responsibilities in international human rights law. |
|
Intercenter (Centro Internazionale de Ricerche e Studi Sociologici, Penali e Penitenziari ) () |
|
|
http:// |
|
|
Member of the Réseau des Instituts de Droits de l'Homme. |
|
International Prison Observatory (OIP) |
|
|
http://www.oip.org/index.htm |
Type:NGO (Non-Governmental Organization) |
|
OIP is an NGO that serves as a counterweight against institutions of incarceration. The Observatory's mission is to alert the public about the situation of prisoners. |
|
Irish Council for Civil Liberties (An Chomhairle um Chearta Daonna) (ICCL) |
|
|
http://www.iccl.ie/ |
Type:NGO (Non-Governmental Organization) |
|
Primary focus of ICCL work is campaigning: against emergency legislation and special courts; constitutional referenda on numerous issues including divorce, abortion, bail, and cabinet confidentiality; rights of minorities; due process rights. |
|
Liberty () |
|
|
http://www.liberty-human-rights.org.uk |
Type:NGO (Non-Governmental Organization) |
|
Liberty is one of the UK's leading human rights and civil liberties
organisations. Since 1934, Liberty has fought to secure equal rights for everyone. |
|
Observatoire international des prisons - Belgium (OIP) |
|
|
http://www.oipbelgique.be |
Type:NGO (Non-Governmental Organization) |
|
International Observatory of Prisons - Belgian Section. |
| |
|
|