ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES Information about prison rules The Essex group noted that provision of clear and comprehensive information about prison rules and procedures is an important tool in order to prevent disciplinary infractions in the first place. The experts therefore stressed that Rule 37 should be made known to the prisoners, and should be part of the information provided under Rule 54 (a, c) in writing and in a language and format they understand (Rule 55). Such information should include what types of conduct constitute a disciplinary offence, and the possible sanctions associated with each. The importance of making the rules and regulations for disciplinary procedures known amongst both prisoners and prison officials, including through the distribution of printed copies, has been emphasised by the Inter-American Commission on Human Rights.282 Conflict prevention and mediation The Essex group stressed the importance of conflict prevention, mediation and alternative dispute resolution as means to avoid disputes and disciplinary infractions. They pointed to the encouragement to this end in Rule 38(1) and also in Rule 76(1c) on dynamic security training for prison staff. The experts referred to the first ‘Essex paper’, in which they had pointed to the ‘many effective and well-proven ways in which to deal with security and order in places of detention such as the configuration and infrastructure of the place of detention; adequate numbers of well-trained staff; an effective system of classification and separation of detainees; positive staff-prisoner relationships, which enable prison staff to anticipate and proactively deal with problems; dynamic security and conflict resolution tools such as mediation’.283 The ‘preventive principle’ has also been stressed by the Special Rapporteur on Torture, who stated that ‘it is essential that the Rules provide for an obligation for prison authorities to use disciplinary measures on an exceptional basis and only when the use of mediation and other dissuasive methods to resolve disputes proves to be inadequate to maintain proper order’.284 à S ee Chapter 2, Prison management – dynamic security and conflict prevention Proportionality The Essex group stressed the principle of proportionality for disciplinary sanctions and restrictive measures, enshrined in Rule 39 (2). They noted that Rule 36 provides guidance for applying this principle in that it requires discipline and order to be ‘maintained with no more restriction than is necessary to ensure safe custody, the secure operation of the prison and a well-ordered community life’. Inter-American Commission on Human Rights, Report on the Human Rights of Persons Deprived of Liberty in the Americas, 31 December 2011, OEA/Ser.L/V/II.Doc 64, para. 380. 282  University of Essex/Penal Reform International, Second Report of Essex Expert Group on the Review of the Standard Minimum Rules for the Treatment of Prisoners, prepared by Penal Reform International/Essex University, 20 March 2014, UNODC/CCPCJ/EG.6/2014/NGO.7, para. 43 (Essex 2), with reference to Penal Reform International/Association for the Prevention of Torture, Balancing security and dignity in prisons: a framework for preventive monitoring, 2013, p. 18. 283  UN General Assembly, 68th Session, Torture and other cruel, inhuman or degrading treatment or punishment: Note by the Secretary-General, 9 August 2013, A/68/295, para. 57 (Special Rapporteur on Torture report 2013). 284  Penal Reform International and the Essex Human Rights Centre | 79