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Detention Conditions

The 2015 Revised UN Standard Minimum Rules for the Treatment of Prisoners (also known as the Nelson Mandela Rules) are an authoritative set of generally accepted principles and practices for the treatment of prisoners and the management of penitentiary institutions. It is considered to be among the most important soft-law instrument for the interpretation of various aspects of the rights of persons deprived of their liberty.

Professor Mendez and the Anti-Torture Initiative played a large role in the 2015 revision of the Nelson Mandela Rules. In a thematic report published on the Rules, Professor Mendez recommended updating the SMRs’ standards pertaining to: procedural principles and safeguards; respect for individuals’ inherent dignity and value as human beings; medical and health services; disciplinary action and punishment; solitary confinement; investigation into deaths and into torture and ill-treatment in custody; protection and special needs of vulnerable groups deprived of liberty; right of access to legal representation; complaints and independent oversight; and the training of staff working in custodial settings.

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Events & Speaking Engagements

November 22, 2019: Unlock the Box Campaign convening. The ATI, together with the ACLU, co-hosted the Unlock the Box Campaign’s 2019 annual convening. During the event, Professor Mendez gave a presentation on the Revised UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Professor Mendez discussed some of the provisions of the Mandela Rules that address solitary confinement, litigation around solitary confinement, his and the ATI’s role in the updating of the original Standard Minimum Rules, and developments around solitary confinement post-adoption of the Mandela Rules.

OctoberÌý19, 2015: Implementation of the Mandela Rules (Revised UN Standard Minimum Rules for the Treatment of Prisoners) -Ìýside Event at the 70th UN General Assembly Meeting.ÌýProfessor Mendez was a panelist in a discussion about the SMRs, and highlighted issues related to solitary confinement, instruments of restraint, and the independence of healthcare professionals. Although the updated Rules compromise in a number of areas, the revised rules nevertheless reflect real progress and contain a number of practical elements that directly and indirectly provide prisoners with increased protection from torture and other ill-treatment.

MarchÌý11, 2014: The Standard Minimum Rules for the Treatment of Prisoners under Review: Preventing Torture and Ill-Treatment-Ìýside Event, 25th Session of the Human Rights Council, Palais des Nations, Geneva.ÌýThis side event featured a panel discussion of the Standard Minimum Rules for the Treatment of Prisoners (SMRs), in the run-up to the 3rd intergovernmental expert meeting on the review of the SMRs in late March of 2014.

OctoberÌý22, 2013: Reviewing the Standard Minimum Rules for the Treatment of Prisoners (SMR)—Preventing Torture and Ill-Treatment -Ìýside eventÌýat the 68th Session of the Third Committee of the General Assembly, New York.ÌýThe side event informed Member States about the ongoing targeted review of the SMRs and aimed to motivate States to consider participating in a subsequent Expert Group meeting in Brasilia, Brazil in early December 2013. The panel discussed the Special Rapporteur on torture’s recommendations in his thematic report on the SMRs (A/68/295), and the proposed targeted revisions to the SMRs in areas such as the: principle of humane treatment of persons deprived of liberty, medical and health services, disciplinary action and punishment, and solitary confinement.

OctoberÌý23, 2013: Cárceles: la falta de libertad debe ser la única pena
In an (Radio ONU), Professor Méndez discussed the Standard Minimum Rules for the Treatment of Prisoners.

July 10, 2013: Consultation with leading international experts to review the UN Standard Minimum Rules for the Treatment of Prisoners and the ways in which the Rules can effectively prevent torture and ill-treatment.

Resources

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