ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES The CPT has also emphasised that ‘The guiding principle should be the promotion of contact with the outside world’, whereas ‘any limitations upon such contact should be based exclusively on security concerns of an appreciable nature or resource considerations’.162 The experts also referred to UNODC’s Handbook on Dynamic Security, according to which ‘Monitoring should be proportionate to the threat posed by a particular form of communication and should not be used as an indirect way of restricting communication’.163 Good practice was mentioned where the behaviour of prisoners is influenced through privileges and incentives rather than sanctions. Prison administrations should exercise restraint when applying restrictions to visiting children, as their best interests must be an overriding consideration, based on the Convention on the Rights of the Child.164 There need to be safeguards in place for ensuring that any restrictions to contact with the outside world for pre-trial detainees, on the grounds of protecting the interests of an ongoing investigation for example, are not excessive. Restrictions need to be proportionate, allow some level of contact to the outside world and their necessity needs to be reviewed at regular intervals. The European Prison Rules (Rules 24 and 99) stipulate that any such restrictions must be only for a specified period, on an individual case-to-case basis and need to be imposed by a judicial authority. Visiting environment The visiting environment needs to balance security considerations with the provision of a positive space for the interaction of prisoners with their families. Closed visits should not be the default design, given the importance of direct contact for the well-being of both the prisoner and the visitor, and of physical contact in particular for children with their parent.165 As for the setting of family visits, the Essex group noted the importance of an environment conducive to a positive visiting experience in particular for children, as emphasised in Rule 28 of the UN Bangkok Rules. This Rule underlines that open contact between mother and child should be allowed and that visits involving extended contact with children should be encouraged.166 The commentary on the Bangkok Rules notes that a pleasant visiting experience will not only have a positive impact on the mental and emotional well-being of the mother and the children, but also affect social reintegration prospects.167 The need for a child-friendly visiting environment conducive to building or maintaining strong relationships was also emphasised by the Committee on the Rights of the Child.168 CPT 2nd General Report, [CPT/Inf (92) 3], para. 51. 162  Handbook on Dynamic Security, p. 50. 163  Article 3(1) of the Convention requires that all decisions should be based on the need to protect the best interests of the child. 164  For further guidance see United Nations Office for Project Services (UNOPS), Technical Guidance for Prison Planning: Technical and operational considerations based on the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), 2016 (Technical Guidance for Prison Planning)., pp. 125-133. 165  PRI/TIJ, Guidance Document on the United Nations Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok Rules), 2013, p. 75. 166  UN Bangkok Rules, Commentary on Rule 28. 167  CRC DGD 2011 Report, para. 39. 168  Penal Reform International and the Essex Human Rights Centre | 48