2. SAFETY, SECURITY AND DIGNITY FOR ALL
2.5. DEALING WITH THE BODY
OF A DECEASED PRISONER
RELEVANT RULES: DEALING WITH THE BODY OF A DECEASED PRISONER
Rule 72: The prison administration shall treat the body latest upon completion of the investigation. The prison
of a deceased prisoner with respect and dignity. The
body of a deceased prisoner should be returned to his
or her next of kin as soon as reasonably possible, at the
administration shall facilitate a culturally appropriate
funeral if there is no other responsible party willing or
able to do so and shall keep a full record of the matter.
WHY IS IT IMPORTANT?
Rule 72 relates to Rule 1 of the Mandela Rules, which stipulates that all prisoners be treated
with respect for their inherent dignity and value as human beings. Additionally, sensitivity
and respect is required when prison staff interact with the family and friends of a deceased
prisoner. Rule 72 also relates to Rule 69, which deals with processes for notifying a prisoner’s
next of kin or emergency contact in the event of death.
102
The requirement for prisons to keep a full record of any funerals organized by them is
important to ensure that the family are notified and to guard against the possibility that bodies
are disposed of without proper investigation.
103
There may be additional cultural, religious and/or gender-related requirements regarding the
treatment of the body of a deceased prisoner.
104
Rule 72 is included in the section of the Mandela Rules that deals with investigations into
custodial deaths. The formulation and context of the Rules suggest that Rule 72 applies in
all cases, including cases where the death penalty is administered.
2
101
PUTTING IT INTO PRACTICE
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Prison staff should receive training on how to deal with the bodies of deceased prisoners
in a gender-sensitive way and with due respect for their religious and cultural norms.
The manner in which a body is treated should be in line with procedures that would take
place outside of a prison context. Staff should also be instructed on how to communicate
respectfully and sensitively with the family and friends of deceased prisoners.
106
Where possible, necessary investigations, such as autopsies, should proceed swiftly so that
there is no unreasonable delay in returning the body of a deceased prisoner to the next of kin.
This is particularly important because of the distress a delay can cause to the family/friends,
in particular in cultures where funerals normally take place quickly. Usually, there is no
justification for keeping a body after an autopsy has been performed. Where the next of kin
is not known, the body should be returned to the prisoner’s named emergency contact.
107
UNOPS suggests that “[p]risons may require a facility where prisoners who have died can
be prepared for burial or cremation, or where they can be stored while awaiting family
arrangements. In such a case, special considerations must be incorporated to prevent
the spread of disease”.151
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When a deceased prisoner’s body is returned to the next of kin or emergency contact, the
prisoner’s belongings should also be returned to the designated person in line with Rule 67
on the retention of a prisoner’s property.
151. Technical Guidance for Prison Planning, UNOPS, op. cit., note 84, p. 157.
Guidance document on the Nelson Mandela Rules
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