5.CONTACT WITH THE OUTSIDE WORLD 01 There are many ways that prison administrations can help prisoners establish, maintain and develop contact with the outside world. They can help prisoners understand the value of external connections, and have an important role in facilitating such contact, particularly for those who face problems in doing so themselves. The Mandela Rules set out the rights of prisoners to communicate with their family and friends at regular intervals, and provide safeguards against the prohibition or restriction of family contact. The new set of rules also detail the right of prisoners and third parties to be informed about detention, transfer, serious injury, illness or death of a family member. In relation to legal advice and representation, the Mandela Rules affirm the right of prisoners to be provided with adequate time and facilities to be visited by and consult with a legal advisor without delay, interception or censorship and in full confidentiality. This right applies not only to pre-trial prisoners in relation to their defence (Rules 119, 120), but to all prisoners on “any legal matter” (Rule 61(1)). 5 Acknowledging the inability of many prisoners to afford legal representation in the context of criminal proceedings, the rules have been updated to incorporate relevant provisions of the 2012 UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (UN Legal Aid Principles and Guidelines).260 They call on states to enact specific legislation to establish legal aid schemes261 that are “accessible, effective, sustainable and credible”, allocating the “necessary human and financial resources”.262 Effective remedies and safeguards also need to be available if access to legal aid is undermined, delayed or denied, or if prisoners have not been adequately informed of their right to legal aid.263 116 The range of institutions that can be involved in such schemes includes non-governmental organizations, community-based organizations, religious and non-religious charitable organizations, professional bodies and associations, and academia.264 More detail for policymakers on the establishment of legal aid schemes in criminal proceedings can be found in the UN Legal Aid Principles and Guidelines and in the UNODC/ UNDP handbook titled, Early Access to Legal Aid in Criminal Justice Processes: a Handbook for Policymakers and Practitioners.265 260. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, General Assembly resolution 67/187, 28 March 2013, A/RES/67/187. 261. The Principles (Ibid) clarify that legal aid comprises: “legal advice, assistance and representation for persons detained, arrested or imprisoned, suspected or accused of, or charged with a criminal offence (...) that is provided at no cost for those without sufficient means or when the interests of justice so require”, para. 8. 262. Ibid, Principle 2, para. 15. 263. Ibid, Principle 9, para. 31. 264. Ibid, para. 9. 265. Early Access to Legal Aid in Criminal Justice Processes: a handbook for policymakers and practitioners, United Nations Office on Drugs and Crime (UNODC) and United Nations Development Programme (UNDP), February 2014. Guidance document on the Nelson Mandela Rules