ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES continuous transfer of prisoners may constitute a violation of the prohibition of torture and other ill-treatment.58 The Bangkok Rules state that the allocation of women prisoners should take into account their caretaking responsibilities, as well as the individual woman’s preference and the availability of appropriate programmes and services.59 It was also noted as good practice to consult prisoners about their initial allocation and any subsequent transfer from one prison to another, as enshrined in the European Prison Rules.60 The experts discussed the potential tension between the obligation to separate categories of prisoners with keeping them close to their homes or places of social rehabilitation. This may be a particular challenge in allocating female prisoners, minors or high security prisoners due to the smaller number of specialist facilities, particularly in geographically large countries. The Bangkok Rules address this by requiring flexibility in allowing contact and visits with family to compensate for this disadvantage faced by women.61 à S ee Chapter 3, Contact with the outside world Prison facilities Prison architecture can play an important role in the success of prisoner rehabilitation and reintegration.62 The Essex group noted there are risks with both large prisons and prisons so small that proper facilities cannot be provided, for example where there are no specialist staff. The experts referred to relevant sections of the UNOPS Technical Guidance, including on planning and designing prisons to deliver sports-based activities and the provision of educational, vocational, spiritual and recreational activities for prisoners.63 The experts clarified that Rule 89(3), which states the maximum number of 500 prisoners per facility, refers to closed prisons and that the maximum population of open prisons should be smaller. Separation The Essex group recalled that Rule 11 requires the separation of different groups of prisoners, including pre-trial detainees and convicted prisoners. Participants highlighted that the separation European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 2nd General Report on the CPT’s activities covering the period 1 January to 31 December 1991, 1992, CPT/Inf (92) 3, para. 57 (CPT 2nd General Report). 58  UN Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok Rules), Rule 4. 59  European Prison Rules 2006, Rule 17.3 60  Rule 26 of the Bangkok Rules states that contact should be encouraged and facilitated ‘by all reasonable means’ and that measures shall be taken to ‘counterbalance disadvantages faced by women detained in institutions far from their homes’. 61  See, for example, Dr. Marayca López, ‘How to build for success: prison design and infrastructure as a tool for rehabilitation’, Penal Reform International expert blog series website, 24th July 2014, accessed 14 September 2016 at http:// www.penalreform.org/blog/build-success-prison-design-infrastructure-tool-rehabilitation/. 62  Technical Guidance for Prison Planning, based on the Nelson Mandela Rules, pp. 141-150 and 170-175. 63  Penal Reform International and the Essex Human Rights Centre | 23