Book contents
- Frontmatter
- Miscellaneous Frontmatter
- Contents
- List of figures
- List of tables
- Acknowledgements
- One Introduction
- Section I Prisons and the use of imprisonment: numbers and trends
- Section II An ethical approach to the use of imprisonment
- Section III An alternative future
- References
- Annex A List of jurisdictions on which the World Prison Brief holds prison population data
- Annex B List of relevant international human rights instruments
- Index
Six - Features of an ethical approach to the use of imprisonment
Published online by Cambridge University Press: 18 April 2023
- Frontmatter
- Miscellaneous Frontmatter
- Contents
- List of figures
- List of tables
- Acknowledgements
- One Introduction
- Section I Prisons and the use of imprisonment: numbers and trends
- Section II An ethical approach to the use of imprisonment
- Section III An alternative future
- References
- Annex A List of jurisdictions on which the World Prison Brief holds prison population data
- Annex B List of relevant international human rights instruments
- Index
Summary
Having described the development of international human rights standards and listed those which refer specifically to the treatment of prisoners, in this chapter we provide a detailed consideration of how these standards can be applied to the treatment of prisoners.1 We have grouped the topics into some of the most important themes which affect the daily lives of prisoners.
Total prohibition of torture
International human rights standards place an absolute prohibition on the use of torture at any time. This principle applies to all persons who are detained or imprisoned. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment includes a definition, in Article 1, of what constitutes torture:
... the term ‘torture’ means any act’ by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising from, inherent in or incidental to lawful sanctions.
Two paragraphs in Article 2 of the Convention are particularly relevant to the treatment of prisoners:
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification for torture.
Throughout history there have been suggestions that in some circumstances torture can be justified as a means to an end. The Convention makes quite clear that this can never be the case in any circumstances. The 159 nation states which are party to the Convention have undertaken to observe this principle at all times and 11 other states have indicated their intention to do so. Only 28 nations have taken no action in this respect.
- Type
- Chapter
- Information
- Imprisonment WorldwideThe Current Situation and an Alternative Future, pp. 77 - 110Publisher: Bristol University PressPrint publication year: 2016