4. RESTRICTIONS, DISCIPLINE AND SANCTIONS
PUTTING IT INTO PRACTICE
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Health-care staff should pay particular attention to the health of prisoners in segregation and
undergoing other forms of sanctions. To this end, health-care staff must be informed every
time a prisoner is placed in solitary confinement and prison authorities must give health-care
staff unimpeded access to all segregated prisoners.
77
Daily health-care visits to those undergoing any form of involuntary separation must be private
to ensure full medical confidentiality. Thus, prisoners should be able to have a confidential
conversation with health-care staff. Such conversations are particularly important in detecting
mental health conditions.
78
In the absence of the prison director, health-care personnel should report any concerns
to another designated senior staff member.
79
In addition to daily scheduled visits, health-care staff should be available to visit prisoners
undergoing sanctions at any time of the day. This could be in response to a direct request
from the prisoner or at the recommendation of a staff member.
80
The recommendations of the health-care staff in relation to a prisoner’s health must be acted
upon by the prison director or other delegated staff member.
4.4. ALTERNATIVE DISPUTE
RESOLUTION
RELEVANT RULES: ALTERNATIVE DISPUTE RESOLUTION
Rule 38(1): 1. Prison administrations are encouraged
4
to use, to the extent possible, conflict prevention,
mediation or any other alternative dispute resolution
mechanism to prevent disciplinary offences or to
resolve conflicts.
112
WHY IS IT IMPORTANT?
81
There are many effective and well-proven ways in which to deal with security and order in
places of detention, such as the configuration and infrastructure of the place of detention;
having adequate numbers of well-trained staff; having an effective system of classification
and separation of detainees; having positive staff-prisoner relationships that enable prison
staff to anticipate and proactively deal with problems; and having dynamic security and
conflict resolution tools, such as mediation, at hand.258
82
Prison administrations have a number of options at their disposal to resolve problems without
resorting to disciplinary sanctions. These include conflict prevention, informal warnings for
minor breaches of discipline and mediation techniques. As with disciplinary procedures,
care should be taken to ensure that such measures are applied fairly and consistently.
83
The UN Special Rapporteur on torture has reiterated the importance of alternative dispute
resolution stating that “it is essential that the Rules provide for an obligation for prison
authorities to use disciplinary measures on an exceptional basis and only when the use
of mediation and other dissuasive methods to resolve disputes proves to be inadequate
to maintain proper order”.259
258. Second Report of Essex Expert Group on the Review of the Standard Minimum Rules for the Treatment of Prisoners, Penal Reform
International and the University of Essex, 20 March 2014, para. 43 at www.penalreform.org/resource/report-essex-experts-review-standardminimum-rules-treatment.
259. Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 57.
Guidance document on the Nelson Mandela Rules
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