5. CONTACT WITH THE OUTSIDE WORLD
and visitors, while also respecting the right to privacy and family life. Prison authorities
will benefit from consulting prisoners and their visitors with a view to improving the
visiting environment.
43
The prison visiting environment should be reasonably comfortable and as close to normal
life as possible. Thus, authorities should consider, among other things, seating arrangements,
décor, lighting, heating and ventilation. They should provide access to toilets for both
prisoners and visitors. They could also make water and/or other refreshments available
during visits.
44
Staff should receive training on how to interact positively with prison visitors, including
children. If visitors experience hostility from staff members, this will inevitably impact
staff-prisoner relations.
PROMISING PRACTICE: PROMOTING THE RIGHTS OF CHILDREN OF PRISONERS IN ITALY [5.10]
The Italian organization Bambinisenzasbarre
Onlus signed a Memorandum of Understanding
with the Italian Ministry of Justice and the
Italian Ombudsman for Children in 2016 to
establish a Charter of Rights of Children of
Imprisoned Parents.287 Following signature of
the Memorandum, Bambinisenzasbarre Onlus
developed a training programme with the Italian
Penitentiary Department and the General Training
Directorate to promote and sensitize prison staff
who are assigned to meet with families. The
training courses are designed to improve the
relationship between prison staff, prisoners, their
family and children, and to develop professional
standards on the duties and behaviour of staff
towards family members.
287
Restrictions and monitoring of visits
Prison authorities’ role in encouraging contact with the outside world must be balanced
against the risk of particular visits. The term “under necessary supervision” (Rule 58)
“implies an assessment, evaluating the risk for the specific visit and the specific type of
communication (…) In the context of most visits, supervision will in particular imply visual
control”.288 In low security settings visual supervision may be sufficient and it will not be
necessary to conduct an individual assessment for every visit.
46
Supervision during visits may be necessary, for example, where there are child protection
concerns, to prevent crime or to prevent the smuggling of prohibited items and escape.
For pre-trial detainees, it might also be necessary to prevent them from influencing witnesses.
47
All restrictions and monitoring must be informed by individual risk assessments. As UNODC
points out, “[t]o subject high-risk prisoners to severe contact restrictions as a general
policy (as opposed to restrictions based on the results of individual risk assessments) is
counterproductive to the rehabilitative aims of imprisonment”.289 The EPR specify that visits
can only be restricted or monitored if, and as far as they are, “necessary for the requirements
of continuing criminal investigations, maintenance of good order, safety and security,
prevention of criminal offences and protection of victims of crime”. The EPR also specify that
“such restrictions shall nevertheless allow an acceptable minimum level of contact”.290
48
All forms of restrictions and monitoring should be proportionate to security concerns, and
must be applied fairly and without discrimination. This applies to prison visits as well as
supervision of phone calls, letters and electronic means of communication.
49
UNODC has stated that “[m]onitoring should be proportionate to the threat posed by a
particular form of communication and should not be used as an indirect way of restricting
communication”.291 The use of restrictions and the means of supervision employed should
be monitored to ensure the system is fair and not subject to abuse.
50
Prisoners should be informed upon admission that their means of communication with family
and friends might be subject to monitoring. It is also good practice to display a notice near
all telephones about potential monitoring.
5
45
287. The text of the Memorandum can be accessed here: www.bambinisenzasbarre.org/text-rights-charter-of-children-of-prisoners.
288. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 47.
289. Handbook on the Management of High-Risk Prisoners, UNODC, op. cit., note 42, p. 128.
290. European Prison Rules, Council of Europe, op. cit., note 74, Rule 24 (2).
Guidance document on the Nelson Mandela Rules
125
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