ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
of prisoners in cases where it exceeded these boundaries. All bodies emphasised the prohibition
of self-governance in prisons as enshrined in the SMR.406 Some have also highlighted the link
to corruption, stating that corruption was ‘evidenced by the almost complete control of certain
places of detention by organised criminal groups’.407 The experts noted that in an atmosphere of
corruption it is likely that dangerous goods will to be brought into prison in exchange for bribes,
undermining safety and security.
Adequate prisoner-staff ratio
The Essex group highlighted that the ability to exercise effective control is intrinsically linked to the
availability of sufficient resources, in particular an adequate staff-prisoner ratio (day and night). It
requires qualified and well-trained staff (see Rules 74-80).408 (See Chapter 2, Prison management.)
The experts noted that adequate numbers of staff need to be present at all times, including
overnight. Incidents often occur during the night, a time when usually there are fewer staff on duty
and often also more junior staff members.
Separation and classification
The Essex group recalled that the separation of prisoners (Rule 11) is one means of providing
safety. The separation of women from men, and of juveniles from adults makes it easier to care
for their specific needs, but it is also a key measure to protect them from violence and exploitation,
including sexual violence.
Classification and risk assessments of prisoners are another key tool, seeking to differentiate
levels of security applied for different prisons and prisoners.
à
F
or more detail on classification and risk assessments, see Chapter 2, Prison
management
Diligent file management
The Essex group stressed the importance of proper prison file management as a tool for ensuring
safety and security. Documentation of classification and risk assessments, behaviour and discipline
and the imposition of any disciplinary sanctions (Rule 8(b), (c) and (e)) ensures that where there
are staff changes or the transfers of prisoners to other facilities, relevant information is available
about risks associated with each individual prisoner.
Dynamic security and conflict prevention
Lessons learned over the last 60 years include the acknowledgement that techniques of conflict
resolution and mediation not only ensure human rights compliance, but also are more effective and
efficient in providing for the safety and security of prisoners and prison staff.
à
F
or further detail, see Chapter 2, Prison Management.
Special Rapporteur on Torture report 2013, A/68/295, para. 47. SPT Report on visit to Mali, CAT/OP/MLI/1, para. 61.
406
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report on
the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Brazil, 5 July 2012, CAT/OP/BRA/1, para. 57 (SPT Report on visit to Brazil).
407
See also UN Committee against Torture, Observations of the Committee against Torture on the revision of the United
Nations Standard Minimum Rules for the Treatment of Prisoners (SMR), 16 December 2013, CAT/C/51/4, para. 15
(CAT SMR revision observations).
408
Penal Reform International and the Essex Human Rights Centre
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