IV. FOREIGN NATIONAL PRISONERS
Foreign national prisoners are a very diverse group as it includes prisoners who
have lived in the country of their imprisonment for long periods but who have
not been naturalised, those who have arrived relatively recently as well as those
who have been only transiting the country. Moreover, in some countries,
irregular immigration status may also be a criminal offence in itself. It is
paramount that monitors make a clear distinction between people being
detained on the basis of their immigration status (immigration detention) and
those who have committed a crime (foreign national prisoners). The present
monitoring tool is aimed at the latter group.
1.
International Standards
The Mandela Rules (2015), especially Rules 2 and 62.
Vienna Convention on Consular Relations (1963), especially Art 36.
European Prison Rules, Rules 13, 37 and 81.3 in particular.
2.
Transfer of foreign national prisoners
What opportunities of transfer to their home country are given to foreign
national prisoners?
Are the views of foreign national prisoners carefully considered prior to
transfer to ensure that the transfer is entirely voluntary?
What measures are taken to ensure that the transfer of foreign national
prisoners is considered as early as possible after the sentencing?
Are foreign national prisoners who are to be transferred given clear and
full information about the right to request a transfer and the legal
consequences of a transfer?
3.
Prison Policies
Has the central prison administration adopted guidelines on policy and
practice regarding foreign national prisoners and their social
reintegration?
Is there an advisor on foreign national prisoners at the central prison
administration?
Has the prison adopted policies and strategy regarding foreign national
prisoners?
Have the views of the community representatives of foreign nationals
been duly considered in the formulation of these policies and strategy?
Is there foreign national prisoner coordinator appointed in the prison,
provided there is sufficient number of foreign national prisoners in the
prison to justify such appointment?
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