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 | 37

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