5.CONTACT WITH
THE OUTSIDE WORLD
01
There are many ways that prison administrations can help prisoners establish, maintain and
develop contact with the outside world. They can help prisoners understand the value of
external connections, and have an important role in facilitating such contact, particularly
for those who face problems in doing so themselves.
The Mandela Rules set out the rights of prisoners to communicate with their family and
friends at regular intervals, and provide safeguards against the prohibition or restriction
of family contact. The new set of rules also detail the right of prisoners and third parties
to be informed about detention, transfer, serious injury, illness or death of a family member.
In relation to legal advice and representation, the Mandela Rules affirm the right of prisoners
to be provided with adequate time and facilities to be visited by and consult with a legal
advisor without delay, interception or censorship and in full confidentiality. This right applies
not only to pre-trial prisoners in relation to their defence (Rules 119, 120), but to all prisoners
on “any legal matter” (Rule 61(1)).
5
Acknowledging the inability of many prisoners to afford legal representation in the context
of criminal proceedings, the rules have been updated to incorporate relevant provisions of
the 2012 UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
(UN Legal Aid Principles and Guidelines).260 They call on states to enact specific legislation
to establish legal aid schemes261 that are “accessible, effective, sustainable and credible”,
allocating the “necessary human and financial resources”.262 Effective remedies and
safeguards also need to be available if access to legal aid is undermined, delayed or denied,
or if prisoners have not been adequately informed of their right to legal aid.263
116
The range of institutions that can be involved in such schemes includes non-governmental
organizations, community-based organizations, religious and non-religious charitable
organizations, professional bodies and associations, and academia.264 More detail for
policymakers on the establishment of legal aid schemes in criminal proceedings can be
found in the UN Legal Aid Principles and Guidelines and in the UNODC/ UNDP handbook
titled, Early Access to Legal Aid in Criminal Justice Processes: a Handbook for Policymakers
and Practitioners.265
260. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, General Assembly resolution 67/187, 28 March 2013,
A/RES/67/187.
261. The Principles (Ibid) clarify that legal aid comprises: “legal advice, assistance and representation for persons detained, arrested or imprisoned,
suspected or accused of, or charged with a criminal offence (...) that is provided at no cost for those without sufficient means or when the interests
of justice so require”, para. 8.
262. Ibid, Principle 2, para. 15.
263. Ibid, Principle 9, para. 31.
264. Ibid, para. 9.
265. Early Access to Legal Aid in Criminal Justice Processes: a handbook for policymakers and practitioners, United Nations Office on Drugs and Crime
(UNODC) and United Nations Development Programme (UNDP), February 2014.
Guidance document on the Nelson Mandela Rules
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