ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
policies in case of fire394 or natural disaster (e.g. floods, storms, mudslides, etc.).395 The InterAmerican Commission has emphasised the obligation to maintain safe electrical installations.396
The Essex group noted that risks from poor infrastructure and an absence of procedures in cases
of emergency tend to be overlooked and expressed their concern over situations where prisoners
have been left in prison in life-threatening situations.
The relevance of prison design was noted as a factor to improve safety in this regard, with the floor
plan of any facility aiding or hindering speedy evacuation, edificial layouts that help prevent fire
spreading, the location of fire alarms and extinguishing equipment, as well as escape routes, exits
and evacuation areas. The UNOPS Technical Guidance for Prison Planning notes that ‘[w]hen
considering fire safety and evacuation for the prison, outdoor yards can provide a contained
space close to accommodation areas where prisoners can be evacuated until the emergency is
resolved’.397
It was stressed that proper equipment needs to be available to react to emergencies and that
prison personnel must be trained in evacuation procedures and first aid.398 This implies evacuation
plans, which need to be included in prison safety audits. Analysing a number of mass casualties
due to fires in Latin America, the Inter-American Commission on Human Rights concluded the
main causes were ‘overpopulated prisons in a state of physical disrepair’ and the lack of protocols
to dealing with these situations even though the risks were known to the authorities.399
The experts discussed that prison administrations may be reluctant to share evacuation plans
with prisoners. However, good practice from the UK was referred to where posters give detailed
information on fire drills and evacuation procedures to prisoners.
The experts highlighted that alarm systems must take into account the local context. For example,
they must not rely on electric power if power supply is a problem in the respective country or
region, and alternative systems or a back-up generator must be available in such cases. Examples
of fire alarm systems are provided in the UNOPS Technical Guidance.400
Inter-American Commission on Human Rights, Report of the Inter-American Commission on Human Rights on the
Situation of Persons Deprived of their Liberty in Honduras, 18 March 2013, OEA/Ser.L/V/II.147 (IACHR Report
on Honduras). The Commission reported on a number of fires resulting in alarming numbers of fatalities amongst
prisoners, e.g. in Argentina, Chile, the Dominican Republic, Uruguay, El Salvador and Panama: see IACHR press
releases 33/05, 55/07, 120/10, 8/05, 68/10, 112/10 and 2/11.
394
For example, a report published by the American Civil Liberties Union documents the lack of emergency planning
at the Orleans Parish Prison which during Hurricane Katrina resulted in thousands of individuals being trapped. See
American Civil Liberties Union, Abandoned & abused: Orleans Parish Prisoners in the Wake of Hurricane Katrina,
Washington DC, August 2006.
395
IACHR Report on Persons Deprived of Liberty, para 293 (citing the Report No. 118/10, Case 12.680, Merits, Rafael
Arturo Pacheco Teruel et al., Honduras, October 22, 2010, para. 63).
396
Technical Guidance for Prison Planning, p. 99.
397
IACHR Report on Persons Deprived of Liberty, para 293 (citing the Report No. 118/10, Case 12.680, Merits, Rafael
Arturo Pacheco Teruel et al., Honduras, October 22, 2010, para. 63).
398
IACHR Report on Persons Deprived of Liberty, para. 292.
399
Technical Guidance for Prison Planning, p. 36.
400
Penal Reform International and the Essex Human Rights Centre
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