ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES The experts added that prison inspectors (Rules 83-85) need to have access to the prisoner’s file, including to information about the use of disciplinary procedures, the records of sanctions and restrictive measures imposed. Their assessment should include recommendations on the proportionality of disciplinary sanctions.358 The CAT has stressed that ‘[q]ualified medical personnel should regularly monitor every detainee’s physical and mental condition after solitary confinement has been imposed and should also provide such medical records to the detainees and their legal counsel upon request’.359 Record-keeping The Essex group emphasised the importance of record-keeping for disciplinary procedures and sanctions as a part of due process. This is supported by the Rules on prisoner files (Rules 8 (c, e) and 39 (2)), which call for the recording of information ‘related to behaviour and discipline’ and ‘the imposition of disciplinary sanctions’.360 Rule 19 of Beijing Rules details that ‘[a]ll reports, including (…) records of disciplinary proceedings, and all other documents relating to the form, content and details of treatment, should be placed in a confidential individual file, which should be kept up to date.’ More detailed guidance with regard to the documentation of solitary confinement has been provided by the Special Rapporteur on Torture, who stated, that: ‘All assessments and decisions taken with respect to the imposition of solitary confinement must be clearly documented and readily available to the detained persons and their legal counsel. This includes the identity and title of the authority imposing solitary confinement, the source of his or her legal attributes to impose it, a statement of underlying justification for its imposition, its duration, the reasons for which solitary confinement is determined to be appropriate in accordance with the detained person’s mental and physical health, the reasons for which solitary confinement is determined to be proportional to the infraction, reports from regular review of the justification for solitary confinement, and medical assessments of the detained person’s mental and physical health.’361 Instruments of restraint Drawing on the second ‘Essex paper’ and referring to discussions on the use of force (See Chapter 6, Incident management) the experts noted that international law recognises certain legitimate reasons for using force or restraints such as to protect prisoners or staff, to prevent escape, to prevent self-harm and suicide and in self-defence. However, the experts emphasised that international law only permits the use of force and restraints in very narrow and exceptional circumstances, in line with the principles of legality, necessity and proportionality and when all other methods have been exhausted and no alternatives remain. The Rule 84 (1a) of the Nelson Mandela Rules according to which inspectors shall have the authority: ‘To access all information on the numbers of prisoners and places and locations of detention, as well as all information relevant to the treatment of prisoners, including their records and conditions of detention’. 358  CAT SMR revision observations, CAT/C/51/4, para. 34. 359  See also Rule 70 of the Beijing Rules which states that ‘Complete records should be kept of all disciplinary proceedings’. 360  Special Rapporteur on Torture report 2011A/66/268, para. 93. 361  Penal Reform International and the Essex Human Rights Centre | 93