4. RESTRICTIONS, DISCIPLINE AND SANCTIONS 21 The list provided in Rule 43 is not exclusive, and the prohibition includes other restrictions and sanctions if a public official intentionally inflicts severe mental or physical suffering for the purpose of punishment, intimidation or coercion, discrimination or to obtain a confession. 22 It is possible that a restriction or sanction does not constitute torture or other ill‑treatment, but that a combination of such measures, or the imposition of them in close succession, surpasses the threshold of what can be called torture or ill‑treatment. This may include, for example, the frequent transfer of a prisoner to another facility as a form of reprisal. It may also include frequently renewed disciplinary measures. 23 Rule 42 lists living conditions that prisoners are entitled to without exception. Consequently, these conditions, such as light, nutrition, drinking water or health-care, must never be withheld or reduced as a disciplinary sanction. 24 The Mandela Rules are clear that prisoners should never be placed in a dark cell, and equally not in a constantly lit cell. To this end, the UNOPS Technical Guidance for Prison Planning points out that “it is critical that the design, construction or rehabilitation of prison facilities do not include facilities and equipment in contravention of human rights principles. In particular, no facility should be designed, constructed or rehabilitated to include the use of chains or irons as instruments of restraint, or dark isolation cells and cell-blocks.”226 25 The linguistic formulation “restrictions or disciplinary sanctions” makes clear that any such treatment is prohibited regardless of whether it is imposed in the course of a disciplinary procedure or in the name of safety, security and order in the prison. 26 Disciplinary sanctions should never be taken against prisoners who attempt suicide or self‑harm. Instead, these individuals must be provided with appropriate care and treatment.227 The right to defence and legal representation in disciplinary proceedings In order to know their rights and obligations, prisoners need to be provided with clear and comprehensive information about the relevant rules and procedures in a language and format they understand. Chapter 1, paragraphs 116–129 of this guidance document deals in more detail with the information that should be provided to prisoners. 28 When accused of an infraction of prison rules, prisoners must be informed about allegations against them without delay and in a language that they understand (Rule 41(2)). They must then be given adequate time and facilities to prepare for their defence. 29 In order to effectively prepare their defence, the “adequate time and facilities” given to prisoners must include, at a minimum, written details of the accusations against them, copies of the applicable rules and regulations, assistance from an interpreter and access to a pen and paper or a computer. 30 Prisoners can either defend themselves, or use legal representation “if the interests of justice so require, particularly in cases involving serious disciplinary charges”. The determination of “when the interests of justice so require” and “serious disciplinary charges” should take into account: 4 27 102 —— Cases that are particularly complex; —— Accusations involving prisoners who lack the capacity to understand the accusations and the process, and those who do not have the ability to defend themselves; —— Accusations that carry a punishment that could lead to serious consequences for the prisoner and/or a material change in their conditions of imprisonment; —— Cases where the applicable law or prison regulation is not clearly worded; —— How national laws define a serious disciplinary offence; and —— Whether the act constitutes an offence to be prosecuted by judicial authorities rather than something to be dealt with through internal prison rules and disciplinary procedures. 31 The right of prisoners to defend themselves means that those accused must have the opportunity to be present at their hearing and to have their case heard by the decision-making body. The right to be present at the hearing applies whether they are 226. Technical Guidance for Prison Planning, UNOPS, op. cit., note 84, p. 32. 227. Preventing Suicide in Jails and Prisons, WHO/International Association for Suicide Prevention, op. cit., note 180, p. 20. Guidance document on the Nelson Mandela Rules