3. INCIDENT PREVENTION AND RESPONSE
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During investigations, authorities should consider how they can best protect those at risk
in ways that neither stigmatize nor discriminate against them. If there is no alternative to
protective separation, then it should be used for the shortest possible time until other
arrangements have been made. Protective separation should only be instituted in agreement
with the prisoner concerned and should be subject to regular review in each individual case.
98
Protection of implicated persons should include any staff members who witnessed
the incident in question and might, in some cases, also extend to the family members
of witnesses.
99
If the incident being investigated occurred between prisoners, or if a prisoner is alleged to
have harmed a staff member, then it may be necessary to separate prisoners who have been
victims of ill‑treatment, or to transfer the accused prisoner to another facility or another part
of the facility for their own protection pending the investigation, including if they explicitly
request transfer.
100
It may be necessary to separate or move witnesses for protective purposes. Such measures
can, however, have the effect of punishing the victim or witnesses. As such, authorities
should also be aware of the potential for prisoners to make false allegations with the
deliberate purpose of getting someone moved. Such transfers should therefore be avoided
or, if absolutely necessary, be only temporary in nature.
101
In all cases there should be no contact between the alleged perpetrator and the victim
pending the outcome of the investigation.
3
Guidance document on the Nelson Mandela Rules
95
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