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REMEDIES AND MECHANISMS FOR THE ENFORCEMENT OF THE UN (UNITED NATIONS) STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS AND SIMILAR GUARANTIES AND PRINCIPLES OF OFFENDER TREATMENT - A MULTINATIONAL COMPARISON AND...

NCJ Number
34273
Author(s)
R E WEBB
Date Published
1975
Length
41 pages
Annotation
THIS PAPER DESCRIBES AND REPORTS UPON ENFORCEMENT ARRANGEMENTS IMPLEMENTED BY UNITED NATIONS MEMBER STATES SINCE THE ADOPTION OF ITS STANDARD MINIMUM RULES FOR TREATMENT OF OFFENDERS IN 1955.
Abstract
THE FOCUS IS ON PARTICULAR AND SPECIALIZED METHODS OF ENFORCEMENT THAT HAVE EVOLVED EITHER WITHIN THE COURTS OR THROUGH ADMINISTRATIVE OR INSPECTION TYPE AGENCIES TO ASSURE THAT OBLIGATIONS ARE BEING MET AND THAT A FORUM EXISTS TO CONSIDER COMPLAINTS AND ALLEGATIONS OF VIOLATION OF SUCH GUARANTEES AS HAVE BEEN ENACTED. AN ANALYSIS OF ADMINISTRATIVE AND QUASI-ADMINISTRATIVE INSTITUTIONS REVEALS THE ESTABLISHMENT OF INSTITUTIONS SUCH AS THE SCANDINAVIAN OMBUDSMAN AND THE SOCIALIST PROCURATOR WHICH ARE RESPONSIBLE FOR INSURING ADMINISTRATIVE OBSERVANCE OF HUMAN RIGHTS. THE EUROPEAN COMMISSION AND THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS ARE CITED AS REGIONAL CONVENTIONS WHICH HAVE BEEN EFFECTIVE IN INFLUENCING LEGAL DECISIONS IN THE AREA OF PRISONERS' RIGHTS. THE JUDICIAL REMEDIES EXAMINED ARE THE INMATE-PRISON LITIGATION IN THE UNITED STATES FEDERAL COURTS AND THE CREATION OF FRENCH AND ITALIAN SUPERVISING JUDGES TO SUPERVISE PRISON SENTENCES AND CONTROL THE CONDITIONS UNDER WHICH THEY ARE SERVED. A LIST OF SOURCES IS PROVIDED. A PRELIMINARY DRAFT OF THIS REPORT IS AVAILABLE AS NCJ-16772.

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