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?     15

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