ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Referring to their discussions at the first expert meeting, the Essex group stressed that such
reviews need to be substantive and comprehensive assessments, rather than a brief schematic
review.352
Reducing the negative impact of sanctions and restrictions
Compensatory measures
The Essex group drew attention to Rule 38(2) which calls on prison administrations to establish
‘compensatory measures’ for prisoners separated from the general prison population in order to
‘alleviate the potential detrimental effects of their confinement on them and on their community
following their release from prison.’353
With regard to solitary confinement, the European Court of Human Rights has also called on states
to ‘take steps to reduce the negative impact’.354
This means that prison administrations should put effort into raising the level of meaningful social
contacts with others,355 for example by facilitating more visits and access to social activities with
other prisoners, by arranging talks with social workers, psychologists, psychiatrists, volunteers
from NGOs, from the local community, or religious prison personnel, if so wished by the prisoner.
Regular contact with family members through visits, letters, phone calls or emails are crucial
for detainees. The provision of meaningful in-cell and out-of-cell activities, such as educational,
recreational and/or vocational programmes, are equally important to prevent infringements of
prisoners’ dignity and health, and will have a positive effect on levels of violence.356
Monitoring/inspections
Given the particular risk of torture and other ill-treatment in solitary confinement, the Essex group
pointed to the particular attention that monitoring bodies should pay to prisoners in isolation.
The participants referred to guidance in a thematic paper published by PRI and APT,
recommending that:
‘Monitors should ensure that their visits include a thorough examination of the use of isolation,
segregation and solitary confinement, including its frequency and length. They should closely
review the classification systems, and decisions to isolate prisoners, including whether these
are based on an individual risk assessment. The use of isolation for ‘protection’ of vulnerable
groups should be examined carefully.
Monitoring bodies should also pay particular attention to the conditions in segregation units and
their impact on the mental well-being of the prisoners, examining in particular the possibility for
detainees to maintain meaningful human contact. Furthermore, monitoring bodies should inquire
whether segregation is applied in a discriminatory way towards certain groups or individuals.’357
University of Essex/ Penal Reform International, Summary of Expert meeting at the University of Essex on the
Standard Minimum Rules for the Treatment of Prisoners Review, 21 November 2012, UN-Doc. UNODC/CCPCJ/
EG.6/2012/NGO/1, pp. 20-21 (Essex 1).
352
Rule 38(2) of the Nelson Mandela Rules.
353
Mathew v. Netherlands, Application No. 24919/03, para. 202.
354
Istanbul Statement on solitary confinement, p. 4.
355
Balancing security and dignity 2nd edition, p. 15.
356
Balancing security and dignity 2nd edition, p. 15.
357
Penal Reform International and the Essex Human Rights Centre
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