ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
It was emphasised that there should be no discrimination in the recruitment of staff and that
prisons should make efforts to recruit from diverse communities, to include members of different
ethnic groups and minorities. This seems particularly relevant in light of Rule 5 and, bearing in
mind possible language differences, would be necessary in prisons where a significant number
of prisoners are members of such communities. (See also Chapter 3, Contact with the outside
world.).
The experts highlighted the importance of recruiting female staff, with particular reference to
women’s prisons in light of Rule 81(3). This provision states that women prisoners shall be
attended and supervised only by women staff members.
The Essex group referred to the UNODC Handbook for Prison Leaders which recommends that
hiring staff should be a gradual system of application, interview and testing to ensure the best
individual receives the position. It also recommends the implementation of testing for situational
judgement and personal ethics.
For countries in a post-conflict situation the Handbook notes that a ‘vetting process’ may be
required to ensure a proper screening of new recruits and calls for special attention to the frequent
practice of recruiting amongst demobilised soldiers and officers.123
It was noted with concern that in some countries police or military officers are assigned to serve as
prison officers and that prison staff are sometimes transferred to more difficult or remote prisons as
a form of disciplinary sanction, rather than in the course of a positive selection.
Training of prison staff
The Essex group noted that the list of training content in Rule 76 should be regarded as illustrative
rather than exhaustive.
The experts stressed the importance of strengthening social skills of prison staff, in particular
the aptitude for interpersonal communication skills,124 and of ethical standards, which should
be enshrined in a Code of Ethics for prison staff.125 They pointed out that training needs to be
designed to ensure prison staff have a broad understanding of their actions/roles, going beyond
the duty of guarding prisoners, but contributing to rehabilitation and reintegration – in line with the
principles of Rules 1 and 4.
The need for specialist training mentioned in Rule 76(2) should include training on working with the
groups identified in the UNODC Handbook on Prisoners with Special Needs.126 The experts noted
good practice in some jurisdictions where specific officers are assigned with sentence planning and
identifying suitable rehabilitation and reintegration programmes for special groups. This ‘specialist
function’ should be facilitated by specialist training in line with Rule 76(2).
Handbook for Prison Leaders, pp.55, 59.
123
‘The possession of such skills will often enable a police or prison officer to defuse a situation which could otherwise
turn into violence, and more generally, will lead to a lowering of tension, and raising of the quality of life, in police and
prison establishments, to the benefit of all concerned’ (CPT 2nd General Report, CPT/Inf (92) 3], para. 60). See also
CAT SMR revision observations, CAT/C/51/4, para. 63 (‘considerable emphasis should be placed on the acquisition of
interpersonal communication skills by prison staff’); and Handbook on Dynamic Security, p. 32.
124
See Council of Europe, Recommendation CM/Rec (2012)5 of the Committee of Ministers to member States on the
European Code of Ethics for Prison Staff, 2012.
125
UNODC, Handbook on Prisoners with special needs, 2009.
126
Penal Reform International and the Essex Human Rights Centre
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