4. RESTRICTIONS, DISCIPLINE AND SANCTIONS 11 Prison staff must be made fully aware of what conduct constitutes a disciplinary offence and of permissible sanctions associated with each infraction. They must receive training on relevant legislation, regulations and policies, in accordance with Rules 75 and 76. More information on staff training is included in Chapter 1, paragraphs 187–220 of this guidance document. 12 Any changes in the regulations governing the use of disciplinary sanctions must be properly communicated to all staff and prisoners in a timely manner. This is important to avoid the possibility that staff administer improper sanctions because they are unaware of the latest changes to regulations or because they are reluctant to alter their established procedures. 13 Prison administrations should keep records of the different types of infractions and the restrictions and sanctions used in practice. This can help prison authorities identify the reasons why prisoners, or certain groups of prisoners, infringe prison rules, the measures that might be taken to address these reasons and the effectiveness of particular types of sanctions and restrictions. Necessity and proportionality Restrictions and sanctions are not meant to impose an additional punishment, but ensure the permissible objective of ensuring safe custody of prisoners, the secure operation of the prison and a well-ordered community life. Rule 36, therefore, enshrines the principles of necessity and proportionality, in line with the requirement to treat “all prisoners with the respect due to their inherent dignity and value as human beings”.222 15 Only sanctions provided for by law and regulation can be imposed, and need to be proportionate to the infraction they address (Rule 39(2)). The UN Special Rapporteur on torture has noted that a “punishment disproportionate to the offence” would be tantamount to “improperly making the nature of the deprivation of liberty harsher”.223 16 The principle of proportionality must be determined on a case-by-case basis. In all disciplinary decisions, attention should, therefore, be paid to the nature and severity of the alleged offence, the role of the individual in that offence, any mitigating or aggravating factors and the likely impact of any sanctions against them. 17 The CPT has stressed that to be proportionate, any restriction of a prisoner’s rights “must be linked to the actual or potential harm the prisoner has caused or will cause by his or her actions (or the potential harm to which he/she is exposed) in the prison setting”.224 18 Individual, case-by-case hearings should apply even if an incident or infraction involves a large number of people. This is important for determining an individual’s specific role as well as the potential repercussions of particular sanctions on each individual. By way of example from outside the OSCE region, the African Charter on Human and People’s Rights points out, “[p]unishment is personal and can only be imposed on the offender.”225 19 Case-by-case decisions need to take into account that breaches of prison rules may not be a consequence of insubordination, but could, for example, be caused by traumatization, a mental illness or developmental disability. The Mandela Rules require prison administrations to consider such underlying reasons and state that prisoners shall not be sanctioned if an infraction was the direct result of a mental illness or developmental disability (Rule 39(3)). 4 14 Prohibited sanctions and restrictions 20 In line with the absolute prohibition in international law of torture or other ill‑treatment (see also Rule 1 of the Mandela Rules), restrictions and sanctions must never amount to such treatment. To this end, Rule 43 provides a non-exclusive list of sanctions that have been recognized as constituting such treatment. 222. The Mandela Rules, op. cit., note 1, Rule 1; ICCPR, UNGA, op. cit., note 153, Article 10. 223. Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 57. 224. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 21st General Report of the CPT, Council of Europe, 10 November 2011, CPT/Inf (2011)28, para. 55(a). 225. The African Charter on Human and People’s Rights the Banjul Charter, Organization of African Unity, 27 June 1981, Article 7(2). Guidance document on the Nelson Mandela Rules 101