the Body of Principles for the Protection of all Persons under Any Form of Detention (the of ‘Body Principles’).15 The UNHRC has invited States Parties to indicate in their reports the extent to which they are applying the Standard Minimum Rules and the Body of Principles.16 At least some of these principles have been determined to be minimum standards regarding the conditions of detention that must be observed regardless of a State of development.17 Party’s level Article 82 of the Standard Minimum Rules for the Treatment of Prisoners provides: (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible. (2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management. (3) During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer. (4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment. Further, article 10(2)(a) of the ICCPR provides that accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. Australia has a reservation to article 10(2)(a) to the effect that of segregation is accepted as an objective to be ‘the principle achieved progressively’. Each of the present complainants is an unconvicted person but, while detained at ASCC, was accommodated within a general prison population.
the Body of Principles for the Protection of all Persons under Any Form of Detention (the ‘Body of Principles’).15 The UNHRC has invited States Parties to indicate in their reports the extent to which they are applying the Standard Minimum Rules and the Body of Principles.16 At least some of these principles have been determined to be minimum standards regarding the conditions of detention that must be observed regardless of a State Party’s level of development.17 Article 82 of the Standard Minimum Rules for the Treatment of Prisoners provides: (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible. (2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management. (3) During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer. (4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment. Further, article 10(2)(a) of the ICCPR provides that accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. Australia has a reservation to article 10(2)(a) to the effect that ‘the principle of segregation is accepted as an objective to be achieved progressively’. Each of the present complainants is an unconvicted person but, while detained at ASCC, was accommodated within a general prison population.