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
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