ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES As for allegations of torture or other cruel, inhuman or degrading treatment or punishment, the requirement of an investigation is reiterated in Rule 57(3). The experts recalled the duty of law enforcement officials (which includes prison staff) to report promptly to their superiors any case ‘where injury or death is caused by the use of force and firearms by law enforcement officials’, and to send a detailed report ‘promptly to the competent authorities responsible for administrative review and judicial control’.489 The experts highlighted that detainees may have suffered torture or ill-treatment before being admitted to prison, while in the custody of other law enforcement agencies. It is therefore in the interest of prison administrations to ensure that any signs of such abuse are identified and documented upon admission – in line with Rule 30 (b)).490 According to Rule 34, an investigation can be triggered by healthcare staff who have an obligation to ‘document and report to the competent medical, administrative or judicial authority’ any case in which they become aware of signs of torture and other cruel, inhuman or degrading treatment or punishment.491 Accordingly, the experts noted the importance of the independence of healthcare professions492 and noted a link to the requirement of having confidential, up-to-date medical files (Rule 26). à S ee more in Chapter 4, Healthcare Independent body of enquiry The Essex group noted that there is an obligation of the state to ensure the establishment of an independent investigatory body, since an enquiry carried out by prison administrations would be ‘marred by a conflict of interest’.493 The Essex group noted that the independence of the investigatory body is in the interest of prison administrations as it demonstrates fairness and accountability, and is needed to refute malicious allegations. The body must be an ‘external investigative body, independent from those implicated in the allegation and with no institutional or hierarchical connection between the investigators and the alleged perpetrators’.494 Modalities of the investigation Given that the duty to investigate rests with an external body, the role of the prison administration in cases of death, disappearance or serious injury is to: • ensure the external investigation is initiated, by promptly reporting the incident Principle 6 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. 489  The obligation of an examination upon entering prison on whether the detainee had been a victim of torture or ill-treatment is also enshrined in Principle IX of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas. 490  CAT SMR revision observations, CAT/C/51/4, para. 19; IACHR Report on Persons Deprived of Liberty, para. 564. 491  See, for example, Inter-American Commission on Human Rights, about the importance of health care professionals acting with autonomy and independence, free from any interference, coercion or intimidation. (IACHR Report on Persons Deprived of Liberty, para. 561). 492  Special Rapporteur on Torture report 2013. A/68/295, para. 64. 493  Special Rapporteur on Torture report 2013, A/68/295, para. 64, with reference also to Jordan v. United Kingdom, application No. 24746/94, para. 106. 494  Penal Reform International and the Essex Human Rights Centre | 120