Annoyed by the insistence regarding passing yet another pointless non-compromise that will merely facilitate legal abuses,
Acknowledging prior attempts to ensure that the criminal justice systems of Member-States operate in a just and ethical manner,
Dismayed by their failure to adequately provide protections from legal abuse and to provide closure and restitution to victims,
Seeking to immediately prevent any further abuses of criminal justice systems,
Hereby;
Defines:
- Protective confinement as: the severe isolation of prisoners from contact with other inmates due to clear and present dangers to their life in the general prison population, or risks posed by the prisoner to other inmates in the general prison population,
- Punitive confinement as: the complete or severe isolation of prisoners from contact with other inmates and prison staff for any reason other than those established under protective confinement,
- Inhumane conditions as: the refusal or withholding of necessary and healthy sustenance or of medically or mentally necessary healthcare; the maintenance of severely confined or crowded conditions, or conditions inferior to those mandated for prisoners of war,
- Forced Prisoner Labor as: any and all mandatory, coerced, or incentivized labor performed by prisoners,
Prohibits:
- The holding of any prisoner in inhumane conditions,
- The holding of any prisoner in punitive confinement,
- The holding of any prisoner in protective confinement without the informed consent of the prisoner, barring circumstances that render the prisoner legally unable to make such a decision, or circumstances in which the prisoner would present risks to individuals in the general prison population if not held in protective confinement,
- The collection of any fees or billing of prisoners for any cost associated with their imprisonment,
- The practice of forced prisoner labor,
- The use of capital punishment for any crime that did not result in unlawful death, exceptional violations of civil rights such as the holding of slaves, or crimes of war,
- The sentencing of any individual under the age of majority, or any individual deemed legally incompetent, to capital punishment,
- The practice of summary or otherwise extrajudicial executions,
Mandates:
- That Member-States provide to prisoners accessible legal recourse for the investigation of any undue violence or abuse by prison staff,
- That protective confinement be be utilized only when there exists a clear and present danger to holding the prisoner within the general prison area,
- That prisoners subject to protective confinement be allowed regular contact with psychiatric staff, and access to standard visitation,
- That, once a prisoner has been subjected to protective confinement, all practical measures must be taken to allow their safe return to general prison populations as soon as possible,
- That Member-States provide to prisoners sentenced to capital punishment accessible legal counsel and support, including access to appeals and stays of execution, at no cost or penalty to prisoners,
- The use of the highest reasonable standards of evidence when considering the use of capital punishment,
- That all executions be held at a reasonable date past sentencing, following any processing time for applicable legal requests, inquiries, and appeals,
- That, in the case of a pregnant individual being sentenced to capital punishment, that execution be stayed until such time as the prisoner is no longer pregnant,
Reserves to Member-States the right to determine the legality of capital punishment within their jurisdiction,
Clarifies that prisoners legally incapable of consent may be held in protective confinement as a strictly temporary measure until a legal guardian can be contacted.
