1. PRISON MANAGEMENT
55
Each prison should be required to submit trend information to the central prison
administration on a regular basis. Prisons therefore need to have the systems and staff in
place to do this. The relevant government department dealing with prisons should also
allocate sufficient resources to analysing the data and providing recommendations for followup action.
56
Data on the trends in prisons should be made available to the public to ensure transparency
and to allow public scrutiny. Published information about prison trends should not include
any information about individual prisoners. Any data that could identify individual incidents or
persons should be omitted.
The Texas Justice Initiative “seeks to build
narratives around who is dying in the Texas
criminal justice system, bring attention to the lives
that have been lost, and provide a foundation for
research toward solutions that will save lives.”26
In Texas, law-enforcement agencies, local jails
and the Texas Department of Criminal Justice are
required to report to the Office of the Attorney
General every time a person dies in custody,
including deaths by natural causes, deaths by
suicide and those caused by police shooting
during arrest.
1
PROMISING PRACTICE: DOCUMENTING DEATHS IN CUSTODY – THE TEXAS JUSTICE INITIATIVE [1.6]
In order to make this information publicly
available, the Texas Justice Initiative, through
public information requests, obtained the details
of deaths that occurred between 2005 and
2015. The information is presented in an online
database, which includes the name of each victim,
time and place of death, cause of death, time in
custody and a description of the circumstances
surrounding the death. The data have been used
to identify trends, including racial disparities in
custodial mortality.
26
Children in prison
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With regard to the “need to know” basis for accessing prisoner files, Rule 21.1 of the UN
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) state
that, in relation to juveniles, records “shall be kept strictly confidential and closed to third
parties. Access to such records shall be limited to persons directly concerned with the
disposition of the case at hand or other duly authorized persons.”
58
Rule 21(d) of the UN Rules for the Protection of Juveniles Deprived of their Liberty (the
Havana Rules) specifies that the records of juveniles in detention must include details of the
“notifications to parents and guardians on every admission, transfer or release of the juvenile.”
Foreign nationals/ National minorities
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If prisoners wish to access their files but cannot understand the language they are written in,
they should be provided with translation services, if possible. For foreign nationals, this could
be organized via their consular representatives. With the prisoner’s consent, consular officials
may facilitate the access of foreign nationals to information in their file.
Gender-related issues
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The requirement in Rule 7(a) to include in a prisoner’s file “precise information enabling
determination of his or her unique identity, respecting his or her self-perceived gender” is
relevant to lesbian, gay, bisexual, trans- and/or intersex (LGBTI) prisoners, particularly trans
and intersex persons. However, the provision is intended as a means of protection and
hence, information about the gender identity of prisoners should only be included in the files
with explicit consent.
26. For more information, see: texasjusticeinitiative.org.
Guidance document on the Nelson Mandela Rules
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