1. PRISON MANAGEMENT – Were found to have sexually harassed, abused or exploited prisoners, condoned or facilitated such abuse; and – Interfered with the work of those providing legal support or undermined access to legal aid.* * Please note that this is an illustrative list only and is not intended to cover all situations in which staff members might be subject to disciplinary or criminal proceedings. CONTEXT: THE EUROPEAN CODE OF ETHICS FOR PRISON STAFF82 [1.17] 1 The Committee of Ministers of the Council of Europe (CoE) adopted a European Code of Ethics for Prison Staff drafted and negotiated by prison experts within the Penological Council (PC-CP) which applies to staff at all hierarchical levels of the prison system. The Committee of Ministers has recommended that governments of Member States give the widest possible circulation to the text and national codes of ethics based upon it, and oversee their implementation by appropriate bodies. The guidelines for prison staff conduct in the Code of Ethics are: A. Accountability – Prison staff at all levels shall be personally responsible for, and assume the consequences of, their own actions, omissions or orders to subordinates; they shall always verify beforehand the lawfulness of their intended actions. B. Integrity – Prison staff shall maintain and promote high standards of personal honesty and integrity. Prison staff shall endeavor to maintain positive professional relationships with prisoners and members of their families. – Prison staff shall not allow their private, financial or other interests to conflict with their position. It is the responsibility of all prison staff to avoid such conflicts of interest and to request guidance in case of doubt. – Prison staff shall oppose all forms of corruption within the prison service. They shall inform superiors and other appropriate bodies of any corruption within the prison service. – Prison staff shall carry out all legal instructions properly issued by their superiors, but they shall have a duty to refrain from carrying out any instructions that are seriously and manifestly infringing the law and to report such instructions, without having to fear sanctions. C. Respect for and protection of human dignity – Prison staff shall at all times respect and protect everyone’s right to life. – In the performance of their daily tasks, prison staff shall respect and protect human dignity and maintain and uphold the human rights of all persons. – Prison staff shall not inflict, instigate or tolerate any act of torture or other inhuman or degrading treatment or punishment, under any circumstances, including when ordered by a superior. – Prison staff shall respect and protect the physical, sexual and psychological integrity of all prisoners, including against assault by fellow prisoners or any other person. – Prison staff shall at all times treat prisoners, colleagues and all other persons entering prison with politeness and respect. – Prison staff shall only interfere with individual’s right to privacy when strictly necessary and only to achieve a legitimate objective. – Prison staff shall not use force against prisoners except in self-defence or in cases of attempted escape or active or passive physical resistance to a lawful order, and always as a last resort. – Prison staff shall carry out personal searches only when strictly necessary and shall not humiliate prisoners in the process. – Prison staff shall use instruments of restraint only as provided for by Rule 68 of the European Prison Rules. In particular, they shall never use them on women during labour, during birth and immediately after birth. 82. Recommendation CM/Rec(2012)5 of the Committee of Ministers to member States on the European Code of Ethics for Prison Staff, Council of Europe, 12 April 2012. The Council of Europe is also developing a new Code of Conduct for Prison Staff. Guidance document on the Nelson Mandela Rules 45