ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES ‘entails legal consequences based on assessments of the person’s future behaviour’, such as qualification for conditional release.74 The experts noted that classification requirements need to be taken into account already at the prison planning stage, and in the allocation of prisoners (e.g. location, physical state of the prison, number and experience of prison staff). Furthermore, the experts noted the relevance of Rule 12(2), which requires careful selection regarding the occupation of shared cells, in particular dormitories, in terms of who is ‘suitable to associate with one another in those conditions’. Provision of information Information about charges Rule 119(1) requires that ‘every untried prisoner has the right to be promptly informed about the reasons for his or her detention and about any charges against him or her’. In doing so, the Rules incorporate an obligation deriving from Articles 9(2) and 14(3) of the International Covenant on Civil and Political Rights (ICCPR). Information must be provided in a language that the arrested person understands, or through interpretation (free of charge).75 It has to be noted that the ability to communicate on everyday issues does not mean individuals can cope with criminal procedure law and charges.76 For some categories of vulnerable persons, directly informing the person arrested of the reasons for detention is not sufficient.77 It was also recalled that a family member or other person needs to be notified of the fact and place of detention.78 The participants highlighted that interpreters need to be independent from the authorities, as required by the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.79 Obligations on the provision of information may be met orally initially and subsequently be confirmed in writing, provided that the information indicates both the law and the alleged general facts on which the charge is based.80 The UN Human Rights Committee has provided guidance on the type of information required and how it needs to be delivered. The reasons given must include not only the general legal basis of the arrest, but also enough factual specifics to indicate the substance of the complaint.81 Such practice was documented, for example, in 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 Argentina, 27 November 2013, CAT/OP/ARG/1, para. 42. 74  Principle 14 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Body of Principles). 75  See, for example, NSW Police Force, Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence), April 2015, p. 67 (NSW Police Force Code of Practice). 76  NSW Police Force Code of Practice, para. 28. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives. For certain persons with mental health-care needs notice of the arrest and the reasons also need to be provided directly to persons they have designated or appropriate family members. 77  Body of Principles, Principle 16(1). 78  UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, Guideline 3, para 43(f). 79  UN Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, 23 August 2007, CCPR/C/GC/32, para. 31. 80  UN Human Rights Committee, General Comment No. 35, Article 9: Liberty and security of person, 10 April 2014, CCPR/C/GC/R.35/Rev.3, paras. 24-5 (General Comment No. 35). 81  Penal Reform International and the Essex Human Rights Centre | 26