3. INCIDENT PREVENTION AND RESPONSE
81
Suicide attempts or instances of self‑harm that result in serious injury also need to
be investigated. This is important not only to ensure that there has been no cover up
of ill‑treatment, but also to determine why authorities failed to prevent them, including
any shortcomings in support services and mental health-care.
82
As the Mandela Rules refer to any “custodial” death, disappearance or serious injury, the
death, disappearance or serious injury of any staff member in the course of their duty, or
the death, disappearance or serious injury of any prison visitor or service provider that takes
place in the custodial environment, should also be investigated.
83
The requirement to report allegations of torture or other ill‑treatment is reiterated in Rule 57(3),
which is dealt with in Chapter 1, paragraphs 161–162 and in Rule 71(2), which is dealt with
in Chapter 3, paragraphs 84–101 of this guidance document.
PROMISING PRACTICE: INVESTIGATING DEATHS OF THOSE RECENTLY RELEASED FROM PRISON [3.6]
The Prisons and Probation Ombudsperson (PPO)
in the United Kingdom investigates deaths in
custody due to any cause, including any apparent
suicides and natural causes. As part of its role,
the Ombudsperson has discretionary powers
to investigate the death of someone who has
recently been released from custody if he/she
feels there are particular lessons to be learned
from the treatment of that individual.
The PPO has noted that although deaths following
release from custody “represent only a small
proportion of our investigations, there are some
specific risks associated with prisoners who have
recently been released from prison. Research
suggests that, relative to the general population,
people discharged from prison are 40 times more
likely to die in the first week after discharge and
over 90% of those deaths are drug-related”.208
3
The PPO gathers evidence about what was
happening to the prisoner or former prisoner
before her or his death. This includes examining
all the relevant records and policies, together
with interviews with relevant staff and prisoners
or residents, if required. The PPO also works with
health authorities to commission an independent
clinical review of the health-care provided to
the person before their death while they were
in custody.
The PPO appoints a family liaison officer
to support the bereaved family through the
investigation process and informs them about
the progress of the investigation. He or she
will also offer them the opportunity to ask any
questions and raise any concerns so these can
be considered as part of the investigation.
208
Initiating an investigation
84
As Rule 71 makes clear, all deaths, disappearances, serious injuries or allegations of torture
and other ill‑treatment need to be reported “without delay” and notwithstanding the initiation
of an internal investigation. Rule 57(3) states that allegations of torture or other ill‑treatment
shall be “dealt with immediately”.
85
UNCAT has clarified that the meaning of “prompt” for the initiation of an investigation by the
prison director should mean “within hours, or at the most, within days” and that a relatively
short delay can constitute a violation of Article 12 of the CAT.209
86
An internal inquiry can be carried out in parallel to the external investigation, provided it
does not interfere with the external investigation. The fact that there may be a criminal
investigation into a particular incident does not preclude the need for a prison to conduct
its own investigation into that incident. In no circumstances should there be a requirement
for an internal inquiry to be completed before an external investigation can be initiated.
87
In order for prison directors to be able to make reports without delay, they must be promptly
informed by their staff members following any incident. If the prison director is not available,
then staff should report the incident to the deputy or senior prison staff member authorized
to represent her/her. This staff member should then make the report.
208. Nicola Singleton, Elizabeth Pendry, Colin Taylor, Michael Farrell, and John Marsden, Findings 187: Drug-related mortality among newly released
offenders, Home Office UK, 2003 at webarchive.nationalarchives.gov.uk/20110218135832/http:/rds.homeoffice.gov.uk/rds/pdfs2/r187.pdf.
209. Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 63; see also: UN CAT, Blanco Abad v. Spain, Comm. No. 59/1996,
CAT/C/20/D/59/1996, 14 May 1998, para. 8.5 at www.univie.ac.at/bimtor/dateien/cat_1996_abad_vs_spain.pdf. See also: Manfred Nowak,
UN Covenant on Civil and Political Rights: CCPR Commentary, 2nd edition, Kehl am Rhein, N. P. Engel Verlag, 2005, p. 434.
Guidance document on the Nelson Mandela Rules
93
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