The Secretary-General notes that States should only apply deprivation of liberty as a measure of last resort and only after alternatives have been duly considered. Over-incarceration constitutes one of the major underlying causes of overcrowding, which results in conditions that can often amount to ill-treatment or even torture.
- Alternatives to punishment
- Proportionality of sentencing
In order to address over-incarceration and overcrowding and their human rights implications, some States should develop and implement alternatives to custodial measures, and review penal policies and legislation to ensure proportionate sentencing. Consideration needs to be given to alternatives to criminalization and incarceration of people who use drugs, with an increased focus on public health, prevention, treatment and care.
- Alternatives to punishment
- Proportionality of sentencing
At the occasion of the announcement of the release of 6,000 drug offenders in the USA, the UN Secretary General highlights issues of proportionality in sentencing and the need for alternatives to incarceration to address prison overcrowding.