3. INCIDENT PREVENTION AND RESPONSE 97 During investigations, authorities should consider how they can best protect those at risk in ways that neither stigmatize nor discriminate against them. If there is no alternative to protective separation, then it should be used for the shortest possible time until other arrangements have been made. Protective separation should only be instituted in agreement with the prisoner concerned and should be subject to regular review in each individual case. 98 Protection of implicated persons should include any staff members who witnessed the incident in question and might, in some cases, also extend to the family members of witnesses. 99 If the incident being investigated occurred between prisoners, or if a prisoner is alleged to have harmed a staff member, then it may be necessary to separate prisoners who have been victims of ill‑treatment, or to transfer the accused prisoner to another facility or another part of the facility for their own protection pending the investigation, including if they explicitly request transfer. 100 It may be necessary to separate or move witnesses for protective purposes. Such measures can, however, have the effect of punishing the victim or witnesses. As such, authorities should also be aware of the potential for prisoners to make false allegations with the deliberate purpose of getting someone moved. Such transfers should therefore be avoided or, if absolutely necessary, be only temporary in nature. 101 In all cases there should be no contact between the alleged perpetrator and the victim pending the outcome of the investigation. 3 Guidance document on the Nelson Mandela Rules 95

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