1. PRISON MANAGEMENT 1 Conditions of transfer 40 180 Rule 73(2) states that the “transport of prisoners in conveyances with inadequate ventilation or light, or in any way which would subject them to unnecessary physical hardship, shall be prohibited”. 181 The separation of different types of prisoners by reference to their sex, age, criminal record, legal reason for detention and treatment needs, as stipulated in Rule 11, also applies during prisoner transfer. The requirement for female prisoners to be supervised by female staff is also equally important during transfer. 182 Conditions of transfer must comply with Rule 42, which states that general living conditions addressed in the rules “shall apply to all prisoners without exception.” This includes the applicable provisions relating to light, ventilation, temperature, sanitation, nutrition, drinking water, access to open air and physical exercise, personal hygiene, health-care and adequate personal space. 183 As is noted in Chapter 3, paragraphs 02 and 33–34 of this guidance document, the Mandela Rules provide that instruments of restraint shall only be used during transfer as a precaution against escape, provided they are removed when the prisoner appears before a judicial or administrative authority. The Essex group of experts suggested that restraints may only be used when deemed necessary, rather than automatically during every transfer and that “[p]recautions need to be taken to prevent physical harm of passengers who are restrained in vehicles in case of brake action or accident, in particular as restraints compromise the ability of prisoners to protect themselves from falling forward”.67 184 Rule 73(1) stresses that “[w]hen prisoners are being removed to or from an institution, they shall be exposed to public view as little as possible, and proper safeguards shall be adopted to protect them from insult, curiosity and publicity in any form.” CONTEXT: OTHER CONSIDERATIONS DURING TRANSFER [1.15] Special provisions may need to be made when transferring certain categories of prisoners, including pregnant women, persons with disabilities, elderly prisoners and those with particular physical or mental health conditions. In some cases, medical staff may need to be present during transfer and they may also need to advise whether a prisoner is fit to travel or any adjustments that need to be made. Other considerations include: – Checking that vehicles meet safety standards; – Checking that vehicles used for medical transportation are suitably equipped, including for those with disabilities. This could include, for example, the provision of wheelchair ramps; – Checking that prisoners have access to medication or hygiene articles they may need during the transfer; – Checking that prisoners are transferred in appropriate vehicles. Cellular vehicles, which may be small and often have no windows, may not be suitable for prisoners with certain conditions, including those affected by claustrophobia or trauma; – Checking that prisoners are not be kept in vehicles for longer than is necessary; – Ensuring there are adequate breaks during long journeys, including to use the toilet; – Ensuring adequate food and water is provided to prisoners; – Ensuring there is a contingency plan in case of the need for emergency evacuation due to natural emergencies such as floods, fires and hurricanes. Information to prisoners 185 Prisoners should be informed in advance of any transfer, including the reasons for the transfer, the scheduled date and time of the transfer and the place they will be going to. 67. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 57. Guidance document on the Nelson Mandela Rules