MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE 128 unofficial (and uncontrolled) systems developing. Disciplinary procedures should provide prisoners with a right to be heard on the subject of the offences it is alleged they have committed, and to appeal to a higher authority against any sanctions imposed. 2 Other procedures often exist, alongside the formal disciplinary procedure, under which a prisoner may be involuntarily separated from other inmates for discipline-related/security reasons (e.g. in the interests of ’good order’ within an establishment). These procedures should also be accompanied by effective safeguards. The prisoner should be informed of the reasons for the measure taken against him, unless security requirements dictate otherwise, be given an opportunity to present his views on the matter, and be able to contest the measure before an appropriate authority.” CPT, GR 2, §55 See also ACPR A-3, A-6, A-12, and IDRCPDL art. 47 para. 1 and art. 49. Comments Visiting mechanisms should examine whether the system of punishment is formalised in a clear set of rules conveyed to and understood by staff and prisoners; and whether the list of all acts constituting breaches of discipline is published. Mechanisms should consider whether the rules are explicit not only on what constitutes an offence but also the ensuing punishment; the hierarchical level which may impose the disciplinary sanctions; and the procedure by which the sanctioned person can make his/her viewpoint heard, and appeal. The mechanism will be interested in the manner in which the rules are conveyed and where they are displayed. The mechanism will also be concerned by the nature of the disciplinary rules (are they founded on the principle of proportionality between the need for order and smooth organisation and the need to respect the dignity of individuals).

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