Judgment No CCZ 8/16 11
Const. Application No CCZ 48/15
a prisoner’s rehabilitation; institutions should endeavour to achieve the individualisation
of prisoner treatment.
On 17 December 2015, the General Assembly adopted Resolution 70/175, titled
the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules). The 2015 Rules are designed to revise the original 1957 Rules so as to
reflect recent advances in correctional science and best practices as well as major
developments in human rights and criminal justice since 1957.
The 2015 Rules
pertaining to prisoners under sentence, i.e. Rules 86 to 90, are essentially similar to those
contained in the precursor 1957 Rules. However, in the section dealing with rules of
general application, the 2015 Rules incorporate certain basic principles that are novel in
their emphasis on human dignity and the need to safeguard that dignity through
appropriate corrective measures. In particular, Rules 1 and 4 state as follows:
“1. All prisoners shall be treated with the 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 may be invoked as a justification. The
safety and security of prisoners, staff, service providers and visitors shall be
ensured at all times.”
“4. The purposes of a sentence of imprisonment or similar measures deprivative
of a person’s liberty are primarily to protect society against crime and to reduce
recidivism. These 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.”
The status of General Assembly resolutions was considered by the International
Court of Justice in its advisory opinion on the Legality of the Threat or Use of Nuclear
Weapons 1996 ICJ Reports 226, at para. 70: