The document summarizes key principles from the United Nation's Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules. It discusses principles related to the basic treatment of prisoners, admission to prison, classification and accommodating special needs, prison staff, prisoner files and records, and searches and solitary confinement. The summary highlights that prisoners must be treated with dignity and without discrimination, torture is prohibited, and the safety of all is paramount. Classification systems should support individualized treatment and prisons must accommodate prisoners with special needs.
The document summarizes key principles from the United Nation's Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules. It discusses principles related to the basic treatment of prisoners, admission to prison, classification and accommodating special needs, prison staff, prisoner files and records, and searches and solitary confinement. The summary highlights that prisoners must be treated with dignity and without discrimination, torture is prohibited, and the safety of all is paramount. Classification systems should support individualized treatment and prisons must accommodate prisoners with special needs.
The document summarizes key principles from the United Nation's Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules. It discusses principles related to the basic treatment of prisoners, admission to prison, classification and accommodating special needs, prison staff, prisoner files and records, and searches and solitary confinement. The summary highlights that prisoners must be treated with dignity and without discrimination, torture is prohibited, and the safety of all is paramount. Classification systems should support individualized treatment and prisons must accommodate prisoners with special needs.
assessment is important to identify any risks (UNITED NATION’S STANDARD MINIMUM RULES FOR prisoners may pose to themselves, to staff or to THE TREATMENT OF PRISONERS) other prisoners, but also any risks they might be exposed to, specific needs they have and rehabilitation measures that should be taken. Basic principles Classification systems should be flexible in order Rules 1-5 provide the following basic principles: to support individualization of treatment. 6. Special needs* [Rules 2, 5] - Prisons must make 1. Prisoners must be treated with respect for their adjustments to accommodate prisoners with inherent dignity and value as human beings. physical, mental or other disabilities in order to 2. Torture or other ill-treatment is prohibited. ensure access to services and programmes on 3. Prisoners should be treated according to their an equitable basis. Measures to address specific needs, without discrimination. needs must not be considered discriminatory. 4. The purpose of prison is to protect society and reduce reoffending. 5. The safety of prisoners, staff, service providers and visitors at all times is paramount. Prison staff 1. Safety* [Rule 1] - The safety of prison staff must Admission to prison be always ensured. 1. Allocation* [Rule 59] - The Rules require 2. Employment [Rules 74, 78] - Prison staff should prisoners to be housed close to their home to be appointed on a full-time basis and should facilitate social rehabilitation. have civil service status with security of tenure, 2. Registration* [Rules 7, 8] - Information that subject only to good conduct, efficiency and should be collected and entered into the prisoner physical fitness. To support prison staff in their file now includes, for example, names and job, prisons should employ an adequate number location of family, and any visible injuries or of specialists, including psychiatrists, complaints about prior ill-treatment. psychologists, social workers and teachers. 3. Information* [Rules 54, 55] - When prisoners 3. Remuneration [Rule 74] - Salaries must be arrive, they must be given information about the adequate to attract suitable prison staff and the prison regime, including prison rules and how to employment benefits and working conditions access legal advice – in a language and manner must be favourable in view of the demanding they understand. nature of the work. 4. Prisoners’ property [Rules 7, 67] - The prison 4. Recruitment [Rules 74, 81] - As prison must place any property belonging to the management is a difficult task, careful selection prisoners (that they are not allowed to keep with of prison staff is required because professional them) in safe custody, alongside a signed prisons depend on their integrity, humanity, inventory. Any property should be returned to professional capacity and personal suitability. them in good condition on their release. Only female staff should supervise women 5. Medical screening* [Rules 30, 34] - A healthcare prisoners. professional must examine every prisoner as 5. Training* [Rules 75, 76] - To enable them to soon as possible after arrival. The Rules provide professionally fulfil their duties, prison staff need that this initial examination should not only continuous training opportunities. Such training assess healthcare needs and give treatment but should reflect evidence-based best practice, also identify any psychological or other stress must be provided before and during their and any signs of ill-treatment, which should be employment, and should include the use of force, documented and reported to the competent working with certain categories of prisoners, and authority. the concept of dynamic security. A dynamic security approach combines positive staff- Classification and accommodating special needs prisoner relationships with fair treatment and purposeful activities for prisoners that contribute 1. Categorisation [Rule 11] - Certain groups of to their future reintegration into society. prisoners must be housed separately as a means 6. Management [Rules 79, 80] - The Rules describe of protection and to facilitate adequate individual the duties of prison directors and the treatment. This applies to men and women, pre- qualifications they should hold. trial and convicted prisoners, children and adults. Files and records 1. Information* [Rules 54, 55] The Rules recognise that understanding rights and obligations is key A prisoner file management system has always for day-to-day prison management. Promptly been required as a vital tool for the effective upon arrival, prisoners need to be given running of any prison. The revised Rules now information about prison regulations, their rights recognise that the system may be electronic and and obligations, disciplinary sanctions and how to also give further guidance on what files should access legal advice (including legal aid). This include, who has access to them, and how data information must be provided in an should be used. understandable language and format. 1. System* [Rules 6, 10] A standardised prisoner 2. Searches* [Rules 50-53, 60] Procedures for file management system must be in place. searches must be laid down in law or regulations Whether an electronic database or paper-based and any decision on whether to conduct a search system, a secure audit trail is critical for should consider whether it is necessary and preventing unauthorised access to or proportionate. Search procedures must respect modification of any files. Data should be the dignity and privacy of the prisoner, and not be analysed to identify occupancy rates and trends. used to harass or intimidate. Invasive body 2. Information* [Rules 7-9, 26, 92] Each file should searches should be the last resort, and the include information on a whole range of issues findings of searches need to be recorded. affecting a prisoner, including their personal data, Searches of visitors, at a minimum, must be date of release and/or transfer, the status of their subject to the same safeguards as searches of legal case, classification reports, disciplinary prisoners and take account of their status as non- sanctions and complaints made. Individual prisoners. medical files should also be kept, separately and 3. Solitary confinement* [Rules 43-46] Given its confidentially, and be accessible to the prisoner. devastating effect on physical and mental health, 3. Accommodating prisoners Hygiene [Rules 15, the Rules stipulate that solitary confinement 16, 18-21] Every prison must have clean should only be used in exceptional cases, as a bathroom facilities in the interests of dignity and last resort, for as short a time as possible, after hygiene. Access to water, toilet items (including authorisation by a competent authority, and sanitary towels for women), adequate clothing subject to independent review. Indefinite and and bedding must also be provided. [See also prolonged solitary confinement (of more than 15 UN Bangkok Rules] days) is prohibited entirely. For some groups, eg. 4. Food and water* [Rules 22, 35, 42, 43] Prisoners pregnant or breast-feeding women, any use of must be provided with nutritious food of solitary confinement is prohibited. wholesome quality and also drinking water whenever they need it. Food and water cannot The Rules define solitary confinement as be restricted as a disciplinary sanction and must confinement for more than 22 hours per day be provided without exception. without meaningful human contact. Interpretation 5. Sleeping [Rules 12-14, 42, 113] If of ‘meaningful human contact’ should recognise accommodation is cell based, only one prisoner the suffering that any person will experience if should be housed in each cell, and where there isolated from and deprived of contact with other are dormitories, careful selection procedures human beings. [See also UN Bangkok Rules and must be used to decide on who is housed UN Havana Rules] together. Pre-trial detainees should be housed in single cells. Proper heating and ventilation, air, 4. Disciplinary offences* [Rules 36-43] The Rules light and minimum floor space must be provided, outline procedures and safeguards that should without exception. be in place to respond to allegations of a 6. Children* [Rules 28, 29] The decision on whether disciplinary offence. Laws or regulations must children are accommodated in prison with their clearly define what constitutes a disciplinary parent should be based on the best interests of offence, any sanction must be proportionate to the child. Provision needs to be made for pre- the act, and prisoners must have the opportunity and post-natal care, childcare facilities and to defend themselves. The application of healthcare services for children. Children housed disciplinary sanctions must be recorded. The use in prison must never be treated as prisoners. of alternative dispute resolution mechanisms is [See also UN Bangkok Rules] encouraged to prevent disciplinary offences and resolve conflicts. When the interests of justice require, particularly in cases involving serious Discipline and sanctions disciplinary charges, prisoners must be able to defend themselves in person, or through legal common language of the prison, lack of assistance. information and knowledge of the legal 5. Use of restraints* [Rules 43, 47-49] Instruments system, and difficulties in contacting family of restraint that are inherently degrading or members. painful are prohibited. The use of any other instrument is subject to strict conditions: their use is only legitimate if no lesser form of controlling Day-to-day activities an actual risk is available and they must be 1. Rehabilitation/resocialisation programmes* removed as soon as possible. Restraints should be removed when a prisoner appears in court, [Rules 4, 88, 89, 91-94, 96-108] Prisons should and must never be used on women during offer education, vocational training, work, and labour, during childbirth or immediately after. any other assistance needed for the purpose of rehabilitation/resocialisation and reintegration. 6. Use of force [Rule 82] Except in cases of self- This reflects the primary purpose of defence or attempted escape, staff should not imprisonment to protect society and reduce use force on prisoners. Any use of force must not recidivism. To be successful such programmes exceed what is strictly necessary, and should should be individualised. Prisons should subsequently be reported. Only in exceptional recognise the key role staff play in the circumstances should prison staff be armed. UN rehabilitation of prisoners. standards also require strict regulations on the 2. Work* [Rules 40, 96-103] Servitude, slavery or use of force and that arbitrary or abuse of the use of force be punishable as a criminal offence. [See requiring prisoners to work for the personal or also UN Basic Principles on the Use of Force and private benefit of any prison staff is prohibited. Firearms by Law Enforcement Officials] Any work should be useful for a prisoner’s job prospects after release or be remunerated, and Contact with the outside world take place in safe and legal conditions. Prisoners must not be employed in a disciplinary capacity. 1. Family and friends [Rules 43, 58-60, 68, 70] 3. Meaningful activities [Rules 4, 23, 64-66, 105] Prisoners are allowed to receive visits and to Providing meaningful activities supports prison contact their family and friends through other management as well as the mental health and means such as by phone or letters. Visiting rehabilitation of prisoners. Opportunities for sport restrictions must not be used as a should be provided and at least one hour per day disciplinary measure, particularly for women of outdoor exercise permitted. A prison library prisoners and their children. Prisoners have must be available and prisoners should be the right to inform friends or family about allowed to practise their religion. their imprisonment, transfer and of serious 4. Education [Rule 104] As education plays an illness or injury. If a near relative or important role in preventing recidivism, learning spouse/partner falls seriously ill or dies, the opportunities should be provided to prisoners. prisoner should be authorised to visit or Classes offered should be of the same level as attend the funeral. Conjugal visiting rights the community education system and available to should apply without discrimination. [See all prisoners. For illiterate or young prisoners, also UN Bangkok Rules] education is compulsory. 2. Legal representatives* [Rules 41, 53, 61, 119, 120] Prisoners must be given adequate opportunity, time and confidential facilities to Physical and mental health meet with their lawyer. They should have 1. Access to healthcare* [Rules 24-29, 31] As the access to effective legal aid, in accordance state bears responsibility for those it deprives of with international standards. Prisoners are their liberty, healthcare must be provided in allowed to have access to and keep their prison and offered at the same level of care as in legal documents, so they are able to the community. In line with good practice, prison effectively participate in legal proceedings. healthcare should be organised in close [See also UN Principles and Guidelines on cooperation with community health services, Legal Aid in Criminal Justice Systems] including to ensure continuity of care. The Rules 3. Embassies [Rule 62] Foreign nationals must elaborate on what prison healthcare services have the opportunity to get in touch with their should consist of, including for any children consular representatives. This Rule housed in prison with their parent. recognises their specific situation which can 2. Role of healthcare staff* [Rules 25, 30-34] The include an inability to communicate in the role of healthcare professionals in prison must be clearly separate from that of the prison Prison management and staff must fully administration. The same ethical and cooperate with such investigations and professional standards apply to prison healthcare ensure that all evidence is preserved. staff as those outside prison. Their role in prison Implicated persons must not have any is to evaluate, promote and treat the physical and involvement in the investigation. mental health of their patients - prisoners. This 3. Transfer and transport [Rules 26(2), 73] includes treatment and care for infectious Prisoners should be transported in adequate diseases, substance dependencies, mental conditions, and should be exposed to public health and dental care. Healthcare staff must not view as little as possible. If a prisoner is be involved in prison management issues, such moved to another prison, their medical files as disciplinary measures, and their clinical should also be transferred. decisions must not to be overruled or ignored by non-medical prison staff. Prison healthcare staff Release from prison have a duty to report any signs of torture or other inhuman treatment. 1. Property [Rule 67] Any property or money taken 3. Prisoners as patients* [Rules 26, 32] When from a prisoner on admission must be returned to prisoners see a doctor they are patients just like them on release, and should have been kept in they would be in the community. Patients must good condition. The prisoner should sign a give their informed consent to any medical receipt for property returned. interventions and examinations, and their 2. Reintegration [Rules 88, 90] Opportunities to medical records are confidential. The protection reintegrate prisoners into the community of staff and other prisoners from infectious gradually, such as pre-release schemes or open diseases, for example, can be achieved by only prisons, should be used. Aftercare services disclosing the information necessary so the should be provided. required measures can be taken whilst still upholding medical confidentiality. 4. Advice on health* [Rule 35] The competent public health body should regularly inspect and advise the prison director on a variety of issues impacting on the health and well-being of prisoners - as well as prison staff. This includes food, hygiene of the institution and of prisoners, sanitation, temperature, lighting and ventilation, and other conditions.
Inspections and investigations
1. Inspections* [Rules 83-85] In recognition that inspections are an integral part of any professional and transparent prison system, the Rules require a two-fold system to be put in place that includes internal monitoring by the central prison administration as well as external, independent monitoring. The purpose of such monitoring is to ensure that prisons are managed in accordance with the laws and regulations, and for the protection of the rights of prisoners. The Rules list the authority inspectors should have and clarify the reporting and follow-up procedures. 2. Investigations* [Rules 57, 71] Prisons must report any death in custody, disappearance, serious injury and if they have reasonable `grounds to believe that torture or inhuman treatment may have occurred, irrespective of a formal complaint. Reporting should be to an independent authority that is mandated to conduct an investigation.