Document Type : Article
1 Associate Prof., Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 PhD Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
The right to humane treatment when deprived of liberty is a fundamental human right that was enshrined in Article 10 of the International Covenant on Civil and Political Rights for the first time. Since deprivation of liberty leads to vulnerability and violates the individual’s dignity, it is considered necessary for respecting the inherent dignity of humans. International human rights instruments have not defined this concept, as only the prohibition of torture and other cruel, inhumane, and degrading treatment or punishment has been mentioned in the said instruments. However, this prohibition is just a minimum commitment for the protection of persons deprived of liberty. Ensuring humane treatment of individuals deprived of liberty needs a higher level of commitment and adequate actions from governments.
- A) Books
- Abbasi, Bizhan (2011), Hoghoogh-e-Bashar va Azadihy-e-Bonyadin Tehran, Dadgostar Publication (In Persian).
- Amatrudo, Anthony & William Blake, Leslie )2015), Human Rights and The Criminal Justice System, Routledge.
- APT, (2013), Monitoring Police Custody, A Practical Guide
- Coyle, Andrew (2003), Humanity in Prison, Questions of Definition and Audit, International Centre for Prison Studies.
- D.Evans, Malcolm & Morgan, Rod (1998), Preventing torture: a study of the European convention for the prevention of torture and inhuman or degrading treatment of punishment, Clarendon press, oxford.
- Ebarahimi, Mohammad (2011), Tabyine Mozoo’ei-e-Mamnoo’eiyate Shekanjeh va raftarhaye gheyr-e-ensani dar Nezame Beynolmelali Hoghoogh Bashar (in Persian), Tehran, Khorsandi publications (In Persian).
- J Towl, Graham & A Crighton, David (2017), Suicide in Prisons, Prisoners` Lives Matter, Waterside Press.
- Joseph, Sarah & Castan, Melissa (2017), The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary, Translated by Zamani, Ghasem and colleagues, First Volume,Tehran, Shahr e danesh (In Persian).
- Lehtmets Andres & Pont, Jorg (2014), Prison Health Care and Medical Ethics, Council of Europe.
- Murdoch, Jim (2006), The Treatment of Prisoners, European Standards, Council of Europe.
- Nowak, Manfred (1993), UN Covenant on Civil And Political Rights, CCPR Commentary, first edition, N.P.Engel publisher
- Rahiminejad, Ismaeil (2008), Keramat-e-Ensani dar Hoghoogh-e-Keyfari (in Persian),Tehran, Mizan (In Persian).
- Rickford, D, (2003), Trobled Inside: Responding to the Mental Health Needs of Women in Prison, Prison Reform Trust.
- S.Rodley, Nigel (1999), The treatment of prisoners under international law, second edition, Clarendon press, oxford.
- Shams, Ali, (2015), Aseeb Shenasi-e-Zendan (in Persian), Tehran, Jameshenasan (In Persian).
- Shaygan, Farideh, and others, (2003), Taghviyate Hamkarihaye Beynolmelali dar Zamineye Hoghoogh-e-Bashar (In Persian).
- United Nations Office on Drugs and Crime, (2008), HIV and AIDS in Places of Detention.
- Van Zyl Smit, Dirk & Sonja Snacken (2009), Principles of European Prison Law and Policy: Penology and Human Rights, Oxford University Press
- W.Janis, Mark (2008), European Human Rights Law, Oxford University Press, Third Edition.
- B) Articles
- Abdollahi, Mohsen & Behboudian, Behrouz (2013), "Compensation to victims of severe human rights violations: from contract law to judicial procedure", Legal research, No. 15, pp. 235-262 (In Persian).
- Alzina de Aguilar, José Pablo (2011), “Human dignity according to international instruments on human rights”, Revista Electronica De Estudios Internacionales, Vol. 22, pp.1-24.
- Ball, w David, “Mentally Ill Prisoners in The California Department of Corrections and Rehabilitation: Strategies for Improving Treatment and Reduction Recidivism”, Journal of Contemporary Health Law and Policy, Vol.24, 2007-2008, pp.1-42.
- Bird, Hayden & Albertson, Katherine (2011),” Prisoners As Citizens, Big Society and The Rehabilitation Revolution: Truly Revolutionary ? “, British Journal of Community Justice, Vol.9, pp.93-109.
- Boulos, Sonia, (2019), “Towards Reconstructing the Meaning of Inhuman Treatment or Punishment: A Human Capability Approach “, The Age of Human Rights Journal, Vol. 12, pp.35-61.
- Cassese, Antonio (1991), “Can the Notion of Inhuman and Degrading Treatment Be Applied to Socio-Economic Conditions “, European Journal of International Law, Vol.2, pp.141-145.
- Clarence, Dias (2010), "Identity, Dignity, Culture and Human Rights", Translated by Gholipour, Rezaali, Human Rights, Vol. 5, No. 1, pp. 19-36 (In Persian).
- Davis, Anne (2016), “The Ongoing Struggle for Ethical Ideals: Justice and Human Rights “, in Hatton, Diane C and Fisher, Anastasia A (eds), Woman Prisoners and Health Justice, CRC Press, pp.1-12.
- Halder, Debarati (2014), “Woman Prisoners and Their Rights “, in Jaishankar, K and Others (eds), Indian Prisons Towards Reformation, Rehabilitation and Resocialization, Atlantic Publishers and Distributers, pp.98-121.
- Hashemi, Mohammad, (2009), "Economic and social human rights from theory to practice", in Islamic Human Rights Commission, Human Rights in the Contemporary World, Concerns and Views of Iranian Lawyers and Jurists, Aein e Ahmd, First Publication, pp. 205-238 (In Persian).
- Miller, Nan D., (1995)," International protection of the rights of prisoners; Is Solitary Confinement in The United States a Violation of International Standards? ", California western international law journal, Vol.26,No.1, pp.139-172.
- Nourbaha, Reza (1989), "Torture in the 1984 United Nations Convention", Journal of the Bar Association, No. 148 -149, pp. 191-213. (in Persian)
- Nussbaum, M, (2003), “Capabilities as Fundamental Entitlements: Sen and Social Justice”, Feminist Economics, Vol. 2, pp.33-59.
- Olomojobi, Yinka & Anonaba, Deborah (2016), “Right to Dignity and Women Prisoners: A Case Study of Ijebu-Ode Prison “, Babkok University School of Law and Security Studies, pp.1-17.
- Rabin, Nina (2009), “Unseen Prisoners: A Report of Women in Immigration Detention Facilities in Arizona”, Arizona Legal Studies Discussion Paper, No.09-01.
- Ranjbarian, Amirhossein (2005),"The Status of the Rule of Prohibition of Torture in the Contemporary International Law", Journal of the Faculty of Law and Political Science, No. 70, pp. 147-184 (In Persian).
- Rasekh, Mohammad (2009), "Theory of Right", in: Islamic Human Rights Commission, Human Rights in the Contemporary World, Concerns and Views of Iranian Lawyers and Jurists, Aein e Ahmd, First Publication, pp. 383-420 (In Persian).
- Rasekh, Mohammad (2013), "The Concept of Intrinsic Human Dignity", in: Zamani, Qasem, International Society and International Law in the 21st Century, a collection of articles donated to Professor Dr. Mohammad Reza Ziaei Bigdeli, Shar e danesh Institute of Legal Studies and Research, pp. 265-269 (In Persian).
- Van Kempen, Piet Hein (2008), “Positive Obligations to Ensure the Human Rights of Prisoners “, in J.P.Tak Peter and -Jendly, Manon (eds), Prison Policy and Prisoner`s Rights, The Protection of Prisoner`s Fundamental Rights in International and Domestic Law, Wolf Legal Publishers, pp.21-44
- Vandnorouz, Javad, (2013), "US Response to Terrorism from a Human Rights and Humanitarian Rights Perspective (Guantanamo Case Study)", No. 6, pp. 133-146 (In Persian).
- Vasiliades, Elizabeth (2005), "Solitary Confinement and International Human Rights: Why the U.S. Prison System Fails Global Standards." American University International Law Review, Vol. 21, No.1, pp.71-99.
- Waldron, Jeremy (2008), “Cruel, Inhuman, and Degrading Treatment: The Words Themselves”, New York University Public Law and Legal Theory, pp.1-48.
- C) Judgments
C-1) International Court of Justice
- Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), 30 November 2010
- Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), 20 July2012
C-2) European Court of Human Rights
- Ireland v United Kingdom, Ser.A, No.25, 18 January 1978
- Harakchiev and Tolumov v. Bulgaria, Nos. 15018/11 and 61199/12, 8 July 2014
- Shelley v The United Kingdom, No.23800/06, 4 January 2008
- Mozer v. The Republic of Moldova and Russia, No. 11138/10,23 February 2016
- Pakhomov v Russia, No. 44917/08,30 September 2010
- Blokhin v. Russia, No. 47152/06, 23 March 2016
C- 3) African Commission on Human and Peoples Rights
- Communication Nos.54/91, 61/91, 98/93, and 210/98, Malawi African Association and Others v Mauritania, 2000
- Communication 292/04: Institute for Human Rights and Development in Africa v Angola , May 2008
- Communication 368/09 – Abdel Hadi, Ali Radi & Others v Republic of Sudan, 2013
C-4) American Court of Human Rights
- Montero Aranguren et al v Venezuela, 5 July 2006
- Diaz Pena v Venezuela,26 June 2012
- Espinoza Gonzales v Peru, 20 November 2014
- J. v Peru, 27 November 2013
C-5) International Criminal Tribunal for the former Yugoslavi
- Prosecutor v Delalic et al., Case No.IT-96-21-T,16 November 1998
- D) Reports
- Association for the Prevention of Torture (APT), Jean-Jacques Gautier NPM Symposium Addressing children’s vulnerabilities in detention,2014
- European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT):
- 9th General Report, 1999
- 11th General Report,2001
- 21st General Report,2011
- 24th General Report, 2015
- E) UN Documents
- Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, A/RES/60/147, 16 December 2005
- Committee against Torture, Concluding Observations: USA, UN Doc. CAT/C/USA/CO/2 (2006)
- Human rights committee, General Comment No. 20, UN Doc. HRI/GEN/1/Rev.1 at 30, 1994
- Human rights committee, McCallum v. South Africa, UN Doc. CCPR/C/100/D-1818/2008 (2010)
- Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, A/RES/57/199, 8 December 2002
- UN Special Rapporteur on torture, UN Doc. A/66.268, 5 August 2011
- World Health Organization (Regional Office for Europe) Health in Prison Project, Consensus Statement on Mental Health Promotion in Prisons, 1998
- www.cpt. coe.int