1. PRISON MANAGEMENT 1 225 50 The scope of internal inspections will differ from one jurisdiction to another, but it is likely that, while external monitoring will focus more on the rights of prisoners and the prevention of ill‑treatment, internal inspections will assess compliance with national laws and regulations more broadly. This can include technical aspects of prison management, staff rules and procedures, compliance of the working conditions of prison staff with national policies, anti-corruption policies and management of public finances by the prison administration. However, as Rule 83(2) makes clear, the scope of internal inspections also includes the protection of the rights of prisoners. Who conducts internal inspections? 226 Internal inspections are generally conducted by state departments managed by the administrative authority or the ministry in charge of national detention facilities. However, as the commentary to the EPR clarifies, a governmental agency responsible for inspecting prisons ‘can be part of one ministry, for example, the ministry of justice or the ministry of the interior, or can be an agency under the control of more than one ministry. The essential point is that such an agency or inspectorate is established by, and reports to, the highest authorities”.92 227 The EPR state that “[p]risons shall be inspected regularly by a governmental agency”.93 Methodology of inspections 228 Just like external monitoring mechanisms, internal inspectors must have access to all relevant information about the prison infrastructure, including on the numbers of prisoners and places and locations of detention (Rule 84(1)). They must be able to freely choose which prisons they want to visit and which prisoners they want to interview. They should be able to conduct private and fully confidential interviews and be permitted to make unannounced visits. The authority of the inspectors is detailed in Rule 84. 229 The commentary to the EPR elaborates that “[t]he ways in which governmental inspection is organized will vary from mere checking of the bookkeeping of prisons to in-depth and on-the-spot audits, which take into account all aspects of prison administration and of the treatment of prisoners. What is important is that the results of these inspections are reported to the competent authorities and made accessible to other interested parties without undue delay”.94 230 Internal inspections and external monitoring visits must take place frequently enough to enable effective monitoring of conditions, and changes and developments in the prison system, while allowing enough flexibility to prioritize inspections in more problematic prisons.95 231 Rule 85 requires that every inspection is followed by a written report, which should be submitted to the competent authority. However the findings of internal inspections are not usually made public.96 232 UNODC has published a checklist for internal inspection mechanisms, providing a tool that can be used to assess compliance with the Mandela Rules at a national level and to enhance the effectiveness and efficiency of internal inspection systems. The checklist consists of seven chapters with a total of 36 expected outcomes that prisons should strive for and a list of 241 indicators to assist in determining whether or not the expected outcomes have been achieved, or whether progress is being made towards achieving them.97 92. Commentary to Recommendation Rec(2006)2 of the Committee of Ministers to member states on the European Prison Rules, Council of Europe, June 2006. 93. Ibid, p. 32. 94. Ibid, pp. 92–93. 95. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 39. 96. The Mandela Rules, UNGA, op. cit., note 1, Rule 85(1): specifies that due consideration shall be given to making the reports of external inspections publicly available. 97. Assessing Compliance with the Nelson Mandela Rules: a checklist for internal inspection mechanisms, United Nations Office on Drugs and Crime (UNODC), August 2017. Guidance document on the Nelson Mandela Rules