1. PRISON MANAGEMENT 1 Protection against human rights violations 12 11 As the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has stated, “[t]here is no surer way to facilitate torture, disappearances or extrajudicial killings than failing to keep adequate records of detainees.”7 When prison records are poor or nonexistent, prisoners can easily become “lost in the system” either inadvertently or as a part of a deliberate effort to harm them without the knowledge and intervention of others. Accurate record keeping is particularly important when prisoners are transferred from one facility to another. 12 The UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) has stressed that maintaining an official register of prisoners belongs to those basic guarantees that apply to all persons deprived of their liberty and forms part of the obligation to take effective measures to prevent torture.8 The International Convention for the Protection of All Persons from Enforced Disappearance recognizes that prisoner files are a key protection against enforced disappearances, obliging state parties to keep a register of all persons deprived of liberty.9 The UN Special Rapporteur on torture has also highlighted the crucial role of prison registers in torture prevention, noting that “[g]iven that torture often takes place during incommunicado detention, a proper prison register is a very effective tool for the prevention of incommunicado detention and therefore for the prevention of torture”.10 13 Human rights violations are less likely to occur if perpetrators are aware that any injuries will be on record, that the location of prisoners is officially recorded, and that any prisoner death or disappearance will be tracked and analysed. In this regard, accurate record keeping is important, not only for the prevention of human rights violations, but also for facilitating a response, investigation and prosecution. Maintaining contact with the outside world 14 As is discussed in more detail in Chapter 5, paragraphs 02–89 of this guidance document, regular contact with the outside world plays an important role in prisoner rehabilitation and reintegration. Therefore, authorities should facilitate such contact where possible. Provided the principles of confidentiality are maintained, this will be much easier for prisons to manage if the prisoner file contains accurate information about the names and location of prisoners’ family members. The accuracy of contact details is also particularly important in case of prisoner death, injury, illness or transfer. Transparency and building trust in the prison system 15 As the UN Office on Crime and Drugs (UNODC) notes, “[t]he presence of an effective and functioning system for creating and maintaining prisoner files has implications for public confidence in the criminal justice system. It sends out important signals regarding the prison system’s commitment to improving transparency and accountability and in turn, supports the fair and impartial delivery of justice. It also marks a public commitment to monitor and prevent human rights violations in places of detention.”11 16 Good prisoner file management demonstrates a commitment to preventing human rights violations and combatting discrimination. Files can demonstrate that a prisoner has been treated in accordance with the law, that action was taken when signs of ill‑treatment were detected, and that authorities are committed to monitoring the use of disciplinary punishments and restraints, as well as the details of any deaths in custody. Importantly, the data can help in monitoring the administration’s compliance with international human rights standards. 7. Handbook on Prisoner File management, United Nations Office on Drugs and Crime (UNODC), 2008, p. 8. 8. United Nations Committee against Torture, General Comment No.2, Implementation of Article 2 by States parties, 24 January 2008, CAT/C/GC/2, para. 13. 9. International Convention for the Protection of all Persons from Enforced Disappearance, General Assembly resolution, A/61/177, adopted on 20 December 2006, Article 17(3). 10. Handbook on Prisoner File Management, UNODC, op. cit., note 7, p. 10, quoting, inter alia, the United Nations Special Rapporteur on torture. See also: United Nations Human Rights Committee, General Comment No. 20: Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment (article 7 ICCPR), 10 March 1992, para. 11, 10 March 1992. 11. Handbook on Prisoner File Management, UNODC, op. cit., note 7, p .4. Guidance document on the Nelson Mandela Rules