History of the Standard Minimum Rules for the Treatment of Prisoners

After the UN was created in 1945, crime prevention and standards of criminal justice were included in its policy-setting role. The General Assembly incorporated the work of the International Penal and Penitentiary Commission (1872-1950) into its own operations and convened an ad hoc committee of experts to draft rules regarding the treatment of prisoners.

After being adopted by the UN Congress on the Prevention of Crime and the Treatment of Offenders in 1955, the SMRs were approved by the UN Economic and Social Council through resolutions in 1957 and 1977. In 1971, UN General Assembly Resolution 2858, Human Rights in the Administration of Justice, recommended that member States:

• implement the SMRs in the administration of correctional institutions; and
• consider incorporating them in relevant legislation.

In December 2010, the UN General Assembly recognized the need to modernize the SMRs, although it stipulated that any changes to the Rules should not result in lowering existing standards. The Assembly requested that the Commission on Crime Prevention and Criminal Justice establish an open-ended Intergovernmental Expert Group on the revision of the SMRs.

The Expert Group was tasked with reviewing recent advances in correctional science and best practices in order to make recommendations to the Commission regarding updating the SMRs. As of 2015, the Expert Group has met three times and identified nine areas of focus for their review:

1. respect for prisoners’ inherent dignity and value as human beings;
2. medical and health services;
3. disciplinary action and punishment, including the role of medical staff, solitary confinement and reduction of diet;
4. investigation of all deaths in custody, as well as any signs or allegations of torture or inhuman or degrading treatment of prisoners;
5. protection and special needs of vulnerable groups deprived of their liberty, taking into consideration countries in difficult circumstances;
6. right of access to legal representation;
7. complaints and independent inspection; and
8. replacement of outdated terminology.