3. INCIDENT PREVENTION AND RESPONSE 88 Investigations into signs of torture or other ill‑treatment can also be triggered by health-care staff, in accordance with Rule 34, which requires them to “document and report such cases to the competent medical, administrative or judicial authority”. This is dealt with in more detail in Chapter 6, paragraphs 76–101 of this guidance document. 89 Principle 34 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN Body of Principles) notes that inquiries can be initiated “by a judicial or other authority, either on its own motion or at the instigation of a member of the family of such a person or any person who has knowledge of the case”.210 3 The responsibilities of prison administrations and prison staff 94 90 When cases requiring investigation arise, prison administrations and staff must promptly report the incident, preserve any evidence, including CCTV footage, ensure there is no interference in the investigation, protect the alleged victim and any witnesses, and co-operate with and support the investigative body. 91 The UN Special Rapporteur on torture has emphasized that there “should be protocols and guidelines for the prison administration about co-operating with the authorities by not obstructing the investigation and by collecting and preserving evidence”.211 Such protocols and guidelines should be in line with those in the community outside of the prison. Key guidelines should include a requirement to immediately seal off the scene of any incident and to protect of any evidence. The requirement to seal off the scene of the incident and protect evidence must apply equally if the incident occurred in a vehicle. 92 Prison authorities have an ongoing responsibility to monitor and record such incidents and to continuously make efforts to prevent them recurring. 93 The UN Special Rapporteur on torture has stated that “those potentially implicated in torture or other ill‑treatment should immediately and for the duration of the investigation be suspended, at a minimum, from any duty involving access to detainees or prisoners because of the risk that they might undermine or obstruct investigations”.212 94 While Rule 71(3) relates specifically to instances of torture and other ill‑treatment, it follows that all people who are potentially implicated in custodial deaths, disappearances and serious injuries should equally have no involvement in investigations and no contact with witnesses, victims or victims’ families. Protection for victims/witnesses 95 Rule 34 stipulates that when health-care professionals document and report signs of torture or other ill‑treatment, “[p]roper procedural safeguards shall be followed in order not to expose the prisoner or associated persons to foreseeable risk of harm”. Rule 57(2) calls for protection against “retaliation, intimidation or other negative consequences as a result of having submitted a request or complaint”. This is dealt with in more detail in Chapter 1 of this guidance document. 96 The Istanbul Protocol makes it clear that in the context of investigations, ‘[t]he State shall protect complainants, witnesses, those conducting the investigation and their families from violence, threats of violence or any other form of intimidation (…) If the commission [of inquiry] concludes that there is a reasonable fear of persecution, harassment or harm to any witness or prospective witness, the commission may find it advisable to hear the evidence in camera, keep the identity of an informant or witness confidential, use only evidence that will not risk identifying the witness and take other appropriate measures.”213 210. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, General Assembly resolution 43/173, 9 December 1988, Principle 34. 211. Report of the Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 65. 212. Ibid, para. 66. 213. Istanbul Protocol, OHCHR Professional Training Series No. 8/Rev.1, 2004, op. cit., note 205, para. 112. Guidance document on the Nelson Mandela Rules