Prohibiting torture and other forms of cruel, inhuman or degrading treatment or punishment is an obligation on states, including state organs that oversee detention facilities and operations, under a range of international and European agreements, including the following:
◦ UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and the Optional Protocol to this Convention
◦ International Covenant on Civil and Political Rights
◦ UN Convention on the Rights of the Child
◦ UN Convention on the Rights of Persons with Disabilities
◦ European Convention for the Protection of Human Rights and Fundamental Freedoms
◦ European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
While binding legal documents address many of the human rights that can be impacted by aggravated conditions of detention, prevention is key. The primary guidelines that inform detention conditions are the Nelson Mandela Rules (the UN Standard Minimum Rules for the Treatment of Prisoners), which are supplemented by the UN Rules for the Protection of Juveniles Deprived of their Liberty (Beijing Rules) and the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules). Within the Mandela Rules, Rules 12-17 address the accommodation provided in prisons. Rules 13 and 14 provide minimal guidance on the detention environment. Rule 35 addresses issues of sanitation, temperature, lighting and ventilation.
Rule 13
All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
Rule 14
In all places where prisoners are required to live or work:
(a) The windows shall be large enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.
The Beijing Rules address the physical environment and accommodation for children but do not provide any specific guidance on the environmental conditions in these settings. There is only one reference to the prohibition of placing a child in a ‘dark cell’ (Rule 67). The Bangkok Rules do not address the environmental conditions of detention.