ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES principles as those generally applied in the community. Principles and procedures relating to voluntary partner notification in the community should he followed for prisoners. 33.Routine communication of the HIV status of prisoners to the prison administration should never take place. No mark, label, stamp or other visible sign should be placed on prisoners’ files, cells or papers to indicate their HIV status. The Essex Group also noted that in Rule 26(2), confidentiality should also be ensured during transit. Health-care Assessment on Admission In Rule 30, a ‘physician or other qualified health-care professional’ is required to see the prisoner as soon as possible after admission. The rationale for this requirement is provided in Rule 24 which establishes that the state’s responsibility for the health of prisoners begins upon admission to the prison. Assessment on admission is critical for the health of the individual. It should therefore be offered to prisoners on admission with health-care staff explaining the benefits to them of the assessment. Without knowing the state of an individual’s health, it is not possible to take appropriate and medically necessary measures to protect, promote or improve his or her health. An assessment on admission necessarily requires that the physician or other qualified health-care staff assess the prisoner’s individual health needs and any specific risks to physical or mental health, including signs of psychological or other stress brought about by imprisonment and suicide risks. The health-care staff must also ensure that an appropriate treatment plan is established where needed and that the prisoner has access to the required medicines, including in continuity of care from before entering the prison as set out in Rule 30(c). It is also necessary to minimize withdrawal symptoms in prisoners who depend on substances and in order to identify any signs of torture or other ill-treatment. Assessment on admission is also important from a public health perspective in order to assess whether newly entering prisoners carry any potential contagious diseases. Otherwise, it is not possible to effectively protect other prisoners and staff from possible transmission and prevent possible outbreaks (however, see the restrictions on isolation below). The World Health Organization and the European Committee on the Prevention of Torture have both stated that ‘as soon as possible’ should be understood as within 24 hours.255 This timeframe is not only important with regard to the prisoner’s health256 and public health257 but also in order to identify possible signs of ill-treatment258, signs of stress and the risk of suicide or self-harm259. The fulfilment of the requirements of this Rule requires record-keeping as set out in Rule 26(1). The Essex Group also noted that this Rule should be read together with Rule 25(2) to mean that in order to fulfil the requirements of this Rule prisons must have ‘sufficient qualified personnel’. ‘Qualified personnel’ requires that the health-care staff are trained in applying the Manual on CPT Standards para. 73 p. 98: “It is axiomatic that persons committed to prison should be properly interviewed and physically examined by a health-care professional as soon as possible after their admission. The CPT considers that the interview/examination should be carried out within 24 hours of admission. (…). The same procedure should be followed when a prisoner who has been transferred back to police custody for investigative reasons is returned to the prison.” 255  Rule 30(a). 256  Rule 30(d). 257  Rules 7(d), 30(b) and 34. 258  Rule 30(c). 259  Penal Reform International and the Essex Human Rights Centre | 70

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