The formation of minimum standards for treating with convicts and detainees in international criminal law
Journal Title: Часопис Київського університету права - Year 2018, Vol 1, Issue 4
Abstract
The article analyzes international legal acts in the sphere of treatment of convicts and detainees and their influence on the formation of international standards in international criminal law. The author notes the growing interest in these issues in connection with the growth of transnational crime, the adoption of numerous international legal acts - rules, resolutions, conventions. The article analyzes the basic models of prison institutions (Pennsylvanian, Oborn, English, Irish, etc.), the historical conditions of their formation, the emergence of international cooperation on penitentiary problems and, as a result, the formation of standards for the proper treatment of convicts and detainees both at the global and regional level. The author draws attention to the process of creating official international organizations for penitentiary problems and holding official prison congresses at the initiative of international organizations. Attention is paid to the main international documents of both general (universal) nature and a specialized nature, which are intended to set forth standards for the treatment of convicted persons, in particular: Standard Minimum Rules for the Treatment of Prisoners (1955), UN Convention Against Torture (1984), Minimum Standard UN Rules for the Administration of Juvenile Justice (Beijing Rules, 1985), the UN Standard Minimum Rules for Non-custodial Measures (Tokyo Avila, 1990), the United Nations Rules for the Protection of imperfect deprived of their liberty (1990), UN Standard Minimum Rules for the Treatment of prisoners (Rules Mandela, 2005), the European Prison Rules (2006) and others.
Authors and Affiliations
Vadym Popko
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