ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES •  adequate time and facilities to prepare •  opportunity to cross-examine witnesses •  opportunity to examine evidence •  hearing in person •  receipt of a copy of any disciplinary decision •  possibility of review by independent authority against a sanction imposed (appeal). Guidance on this issue has been provided by the UN Committee against Torture (CAT), for example, listing fair trial guarantees for disciplinary proceedings in prison, including ‘to be heard in person; to call witnesses and examine evidence given against them; to be provided with a copy of any disciplinary decision concerning them and an oral explanation of the reasons for the decision and the modalities for lodging an appeal, and to appeal to an independent authority against any sanctions imposed’.292 The CAT has emphasised that detainees need ‘to be informed in writing of the charges against them’.293 For juveniles this is supported also by Rule 70 of the Beijing Rules,294 which states that ‘No juvenile should be sanctioned unless he or she has been informed of the alleged infraction in a manner appropriate to the full understanding of the juvenile’. The CPT has also detailed procedural safeguards that should apply in the case of disciplinary proceedings, including that the ‘prisoner should be informed in writing of the reasons for the measure taken against him (it being understood that the reasons given might not include details which security requirements justify withholding from the prisoner)’ and ‘be given an opportunity to present his views on the matter’.295 The requirement for the prisoner to be provided ‘with a copy of any disciplinary decision concerning them and an oral explanation of the reasons for the decision and the modalities for lodging an appeal’ has been enunciated by the CAT, for example.296 The Essex group discussed what would constitute ‘adequate time and facilities’ for the preparation of a defence (Rule 41(2)), and suggested that such facilities include, at a minimum, copies of or electronic access to the prison rules and regulations,297 access to assistance from designated prison staff/other prisoners/civil society representatives and basic materials such as pen and paper or access to a computer. Participants flagged that family members may be accused of prison rule violations, resulting in restrictions against the prisoner. They stressed that such allegations need to be documented and that there needs to be a possibility to dispute not only violations by the prisoner him/herself, but also those allegedly committed by family members if they impact on the prisoner’s rights. It was also pointed out that denial of visits infringes on the right to a private and family life not only of the prisoner, but also their relative(s). CAT SMR revision observations, CAT/C/51/4, para. 41. 292  CAT SMR revision observations, CAT/C/51/4, para. 41. 293  UN Rules for the Protection of Juveniles Deprived of their Liberty. 294  CPT 2nd General Report, [CPT/Inf (92) 3], para. 55 including footnote 1. 295  CAT SMR revision observations, CAT/C/51/4, para. 41. 296  Rule 54 required the provision of written information ‘promptly’ upon admission, including information about prison law and regulations. 297  Penal Reform International and the Essex Human Rights Centre | 82