ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Chapter 3 144
Contact with
the outside world
Issues/rules covered:
• Visits (Rule 58)
• Legal representation (Rule 61 – general, Rules 119(2) and 120 – pre-trial)
• Access to legal documents (Rule 53)
• Diplomatic and consular assistance (Rule 62145)
• ransfers (Rule 7(c), 47(2a) and Rule 68, transfer of files Rule 26(2))
Introduction
The Essex group acknowledged that by definition imprisonment implies severe restrictions for
contact with the outside world which would not apply to other forms of deprivation of liberty, such
as in psychiatric facilities. Yet, human contact, especially with family and friends, is a very basic
human need. In prison, contact with the outside world is a right in itself and, in addition, acts as a
safeguard, especially against torture and other ill-treatment. It enables prisoners to pursue legal
procedures and manage other affairs including, for example, child custody.
When managing contact of prisoners with the outside world, prison administrations need to keep in
mind that certain communication is privileged and confidential (legal representation) and that visits
have to be assessed as a right not only of the prisoner, but also his/her family members, especially
children.
More guidance will have to be provided regarding the permissible level of supervision of
communications in the context of pre-trial detention, as compared to convicted prisoners and
other forms of detention.146 Furthermore, good practice should be identified on how to manage
the necessary supervision of communications without isolating prisoners who speak different
languages.
Contact with family and friends
Contact with family and friends has proven crucial for social reintegration of prisoners once
released, but is vital also to their well-being overall, as a source of emotional comfort and often
This chapter was authored by Andrea Huber, Penal Reform International.
144
Note that Rule 62 has not been changed in the course of the review.
145
The Essex group recalled that Rule 122 (formerly Rule 95) was adopted in 1977 to clarify that the Rules as a whole as
extending to all forms of deprivation of liberty (ECOSOC, Resolution 2076 (LXII): Extension of the Standard Minimum
Rules for the Treatment of Prisoners to persons arrested or imprisoned without charge, 13 May 1977).
146
Penal Reform International and the Essex Human Rights Centre
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