2. SAFETY, SECURITY AND DIGNITY FOR ALL 2.5. DEALING WITH THE BODY OF A DECEASED PRISONER RELEVANT RULES: DEALING WITH THE BODY OF A DECEASED PRISONER Rule 72: The prison administration shall treat the body latest upon completion of the investigation. The prison of a deceased prisoner with respect and dignity. The body of a deceased prisoner should be returned to his or her next of kin as soon as reasonably possible, at the administration shall facilitate a culturally appropriate funeral if there is no other responsible party willing or able to do so and shall keep a full record of the matter. WHY IS IT IMPORTANT? Rule 72 relates to Rule 1 of the Mandela Rules, which stipulates that all prisoners be treated with respect for their inherent dignity and value as human beings. Additionally, sensitivity and respect is required when prison staff interact with the family and friends of a deceased prisoner. Rule 72 also relates to Rule 69, which deals with processes for notifying a prisoner’s next of kin or emergency contact in the event of death. 102 The requirement for prisons to keep a full record of any funerals organized by them is important to ensure that the family are notified and to guard against the possibility that bodies are disposed of without proper investigation. 103 There may be additional cultural, religious and/or gender-related requirements regarding the treatment of the body of a deceased prisoner. 104 Rule 72 is included in the section of the Mandela Rules that deals with investigations into custodial deaths. The formulation and context of the Rules suggest that Rule 72 applies in all cases, including cases where the death penalty is administered. 2 101 PUTTING IT INTO PRACTICE 105 Prison staff should receive training on how to deal with the bodies of deceased prisoners in a gender-sensitive way and with due respect for their religious and cultural norms. The manner in which a body is treated should be in line with procedures that would take place outside of a prison context. Staff should also be instructed on how to communicate respectfully and sensitively with the family and friends of deceased prisoners. 106 Where possible, necessary investigations, such as autopsies, should proceed swiftly so that there is no unreasonable delay in returning the body of a deceased prisoner to the next of kin. This is particularly important because of the distress a delay can cause to the family/friends, in particular in cultures where funerals normally take place quickly. Usually, there is no justification for keeping a body after an autopsy has been performed. Where the next of kin is not known, the body should be returned to the prisoner’s named emergency contact. 107 UNOPS suggests that “[p]risons may require a facility where prisoners who have died can be prepared for burial or cremation, or where they can be stored while awaiting family arrangements. In such a case, special considerations must be incorporated to prevent the spread of disease”.151 108 When a deceased prisoner’s body is returned to the next of kin or emergency contact, the prisoner’s belongings should also be returned to the designated person in line with Rule 67 on the retention of a prisoner’s property. 151. Technical Guidance for Prison Planning, UNOPS, op. cit., note 84, p. 157. Guidance document on the Nelson Mandela Rules 73