Amanora MUN 3.

Study Guide

United Nations
Human Rights Council
Protection of Prisoners Against Torture in
Penitentiary System

Enthuse | Enthral | Engage

Dates: 12th and 13th November 2022



Letter from the

Executive Board

We welcome you all to UNHRC at Amanora MUN. It is our honor and

privilege to serve as your Executive Board for the duration of the
conference. We hope the Study Guide at hand will help you throughout
the course of your preparation for the conference from now on.
However, we need to stress on the importance of conducting your own
research, prior to the committee’s sessions. UNHRC plays a great role
in protecting the rights of communities and individuals across the
world. It has an interesting history and a very important mandate all of
which puts great responsibility on the delegates to carefully and
diligently play their role in this esteemed council.
This guide will provide you with a background that will form the basis
for your research. We would suggest that you do a good amount of
research beyond what is covered in the study guide. We will firmly seek
active participation from all of you in the debate and the committee
work, so please, do not hesitate to contact us for anything you may
need on our end.
First-time delegates are advised to read the MUN Rules of Procedure
prescribed by the conference. Rest, the same aspect for research
applies to all. Do not feel taken aback on the research, foreign policy
and other details of the allotted country.
We hope that this conference turns out to be a great learning
experience for all of us, and we have substantive discussion and debate
on the day of the conference. Wishing you all the best and hoping for
successful experience ahead.

Hiranmai Rao Mehek Singh

(Chairperson) (Vice Chairperson)


Introduction to Agenda
The Office of the High Commissioner for Human Rights (UN Human
Rights) is mandated by the UN General Assembly to promote and protect
the enjoyment and full realization, by all people, of all human rights. The
Charter of the United Nations, the Universal Declaration of Human Rights,
and international human rights laws and treaties established those
rights.UN Human Rights was created by the General Assembly in 1993
through its resolution 48/141 which also details its mandate.
UN Human Rights is mandated:
Promote and protect all human rights for all
Recommend that bodies of the UN system improve the promotion and
protection of all human rights
Promote and protect the right to development
Provide technical assistance to States for human rights activities
Coordinate UN human rights education and public information
programmes
Work actively to remove obstacles to the realization of human rights
and to prevent the continuation of human rights violations
Engage in dialogue with Governments in order to secure respect for all
human rights
Enhance international cooperation for the promotion and protection of
all human rights
Coordinate human rights promotion and protection activities
throughout the United Nations system
Article 87, third paragraph, of the 1949 Geneva Convention III provides:
“Any form of torture or cruelty is forbidden.”Chapter IX: Article 55 of the
Charter of the United Nations considers it as an obligation of the state to
promote universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex, language,
or religion. Hence with regards to Article 5 of the Universal Declaration of
Human Rights and Article 7 of the International Covenant on Civil and
Political Rights, both of which provide that no one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment.


Declaration on the Protection of All Persons from Being Subjected to

Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, adopted by the General Assembly on 9 December 1975.

"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 only from, inherent in or incidental to
lawful sanctions.

“The United Nations Commission on Human Rights, in resolution

1985/33, decided to appoint an expert for one year, a special rapporteur,
to examine questions relevant to torture. Since 1985, the mandate has
been renewed regularly and extended to 3 years, most recently by
Human Rights Council resolution 43/20 in March 2020. The mandate
covers all countries, irrespective of whether a State has ratified the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.

The mandate comprises three main activities:

1. transmitting urgent appeals to States with regard to individuals
reported to be at risk of torture, as well as communications on past
alleged cases of torture;
2. undertaking fact-finding country visits; and
submitting annual reports on activities, the mandate and methods of
work to the Human Rights Council and the General Assembly.”
The Nelson Mandela Rules
In the resolution A/RES/70/175, the General Assembly decided to
extend the scope of Nelson Mandela International Day, observed each
year on 18 July, to be also utilized in order to promote humane
conditions of imprisonment; to raise awareness about prisoners being a
continuous part of society; to value the work of prison staff as a social
service of particular importance.

It not only adopted the revised United Nations Standard Minimum

Rules for the Treatment of Prisoners 45/111 adopted by UNHRC on 14
December 1990:

Here are the Basic Principles Mentioned:

Rule 1
All prisoners shall be treated with respect due to their inherent dignity and value
as human beings. No prisoner shall be subjected to, and all prisoners shall be
protected from, torture and other cruel, inhuman or degrading treatment or
punishment, for which no circumstances whatsoever may be invoked as a
justification. The safety and security of prisoners, staff, service providers and
visitors shall be ensured at all times.

Rule 2
1. The present rules shall be applied impartially. There shall be no discrimination
on the grounds of race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or any other status. The religious beliefs
and moral precepts of prisoners shall be respected.

2. In order for the principle of non-discrimination to be put into practice, prison

administrations shall take account of the individual needs of prisoners, in
particular the most vulnerable categories in prison settings. Measures to protect
and promote the rights of prisoners with special needs are required and shall not
be regarded as discriminatory.
Rule 3
Imprisonment and other measures that result in cutting off persons from the
outside world are affected by the very fact of taking from these persons the right
of self-determination by depriving them of their liberty. Therefore the prison
system shall not, except as incidental to justifiable separation or the
maintenance of discipline, aggravate the suffering inherent in such a situation.

Rule 4
1. The purposes of a sentence of imprisonment or similar measures derivative of
a person’s liberty are primarily to protect society against crime and to reduce
recidivism. Those purposes can be achieved only if the period of imprisonment
is used to ensure, so far as possible, the reintegration of such persons into society
upon release so that they can lead a law-abiding and self-supporting life.

2. To this end, prison administrations and other competent authorities should

offer education, vocational training and work, as well as other forms of
assistance that are appropriate and available, including those of a remedial,
moral, spiritual, social and health- and sports-based nature. All such
programmes, activities and services should be delivered in line with the
individual treatment needs of prisoners.

Rule 5
1. The prison regime should seek to minimize any differences between prison life
and life at liberty that tend to lessen the responsibility of the prisoners or the
respect due to their dignity as human beings.

2. Prison administrations shall make all reasonable accommodations and

adjustments to ensure that prisoners with physical, mental or other disabilities
have full and effective access to prison life on an equitable basis.

As a delegate you happen to be a Representative of a Sovereign Nation. It is the

responsibility of your respective nations to work in the best interest of
international treaties and conventions that discuss rights of Prisoners and
torture they face in penitentiary system, as Mentioned in Article 5 of the
Universal Declaration of Human Rights and Article 7 of the International
Covenant on Civil and Political Rights,both of which provide that no one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Your responsibility is to combat this and work towards successful and fruitful
protection and promotion of Human rights.
 International
Conventions/Standards

Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment
Geneva Convention
International Human Rights Standards Governing the Treatment of
Prisoners

The United Nations Standard Minimum Rules for the Treatment of

Prisoners
 References
Documents:

Torture and other cruel, inhuman or degrading treatment or

punishment: the roles and responsibilities of police and other law
enforcement officials - Human Rights Council resolution
A/HRC/46/L.27 (2021)
United Nations Standard Minimum Rules for the Treatment of
Prisoners (Nelson Mandela Rules), General Assembly resolution
A/RES/70/175 (2015)

Istanbul Protocol: Manual on the Effective Investigation and

Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (OHCHR, 2022)
General Recommendations of the Special Rapporteur (2003)
Fact Sheet No. 4 (Rev.1), Combating Torture (OHCHR, 2002)

Websites:

https://www.ohchr.org/en/instruments-and-mechanisms/international-
human-rights-law
http://www.uncjin.org/Documents/documents.html
https://www.ohchr.org/en/special-procedures/sr-torture
https://nhrc.nic.in/sites/default/files/Prisons_Prisoners_B.pdf
https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-
principles-treatment-prisoners
https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-against-torture-and-other-cruel-
inhuman-or-degrading
https://www.un.org/en/ga/third/68/proposalstatus.shtml
https://www.unodc.org/documents/justice-and-prison-
reform/Nelson_Mandela_Rules-E-ebook.pdf
https://www.unodc.org/res/justice-and-prison-reform/nelsonmandelarules-
GoF/UN_System_Common_Position_on_Incarceration.pdf
https://www.hrw.org/legacy/advocacy/prisons/stndrds.html