RISK FACTORS AND MEASURES TO REDUCE RISK
female defendants are not allowed to ride in the same
vehicle.35 In India too, separate conveyances should
be used for male and female prisoners, and female
detainees need to be escorted by female guards or
police officers, although these provisions are limited to
under-trial prisoners.36
Lack of consideration of women’s hygiene needs,
compounded by the long transit times that result from
the small number of women’s prisons and their remote
locations, may also represent a risk of inhumane or
degrading treatment. The UK inspection body, for
instance, reported that − for all adult prisoners − only
a ‘few were offered a ‘comfort break’ to use a toilet.
Instead prisoners were offered a liquid absorbing gel-bag
to use in their tiny cell while the van was on the move’.
Where women and boys travelled with adult men, men
were routinely dropped off first, resulting in long transport
times for women prisoners.37
While international safeguards provide little guidance
on transport, Rule 73(2) of the revised Standard
Minimum Rules states that ‘[t]he transport of prisoners
in conveyances with inadequate ventilation or light, or
in any way which would subject them to unnecessary
physical hardship, shall be prohibited’.
Monitoring bodies should check whether measures are in
place to protect women against torture and ill-treatment
during transit. Such measures may include ensuring that
female staff are responsible for the transport of women
deprived of their liberty, or that at least women staff are
also present during transport; the installation of CCTV
cameras in vehicles used for transport, with careful
supervision of the use of such cameras; and ensuring
that independent and accessible complaints procedures
are in place.
3. Certain policies and practices
that heighten risk or cause
physical or mental suffering
a. Inadequate safeguards and assessments
on admission
Detainees’ prompt access to family members and
lawyers, following arrest, has long been recognised
as one of the key safeguards against torture and illtreatment. All prisoners are entitled to inform, or have
informed, members of their family or other appropriate
person of their choice of their imprisonment promptly
after arrest.38 Experience worldwide has shown that
women are especially vulnerable at the time of their
admission to prison. Many women who come in
confrontation with the criminal justice system are
uneducated or illiterate and unaware of their rights. In
many countries, being detained or imprisoned will entail
a particular stigma in the case of women, which will add
to their distress. Most women who are admitted to prison
are mothers, and the separation from their children and
their families can have a severely negative impact on their
mental wellbeing.
Monitoring bodies need to pay special attention to the
admission procedures of women prisoners and assess
what assistance women are given at this time, with
reference to the Bangkok Rules, which require prison
authorities to provide them with ‘facilities to contact
their relatives; access to legal advice; information about
prison rules and regulations, the prison regime and
where to seek help when in need in a language that they
understand; and, in the case of foreign nationals, access
to consular representatives as well’.39
Monitoring bodies should also take into account that the
time of admission is the point when prisoners’ risks and
needs should be determined via individual assessments
and check whether a gender sensitive risks assessment
is carried out in the case of women being admitted to
prisons, with reference to the provisions of the Bangkok
Rules,40 in order to ensure that their individual, genderspecific needs are provided for during their detention,
thereby reducing the potential damage of imprisonment
on their mental wellbeing and promoting their social
reintegration.
b. The nature and scope of medical
examinations
Medical screening on entry is one of the essential
components of policies that aim to detect ill- treatment
and torture by law enforcement officials or others, to
bring perpetrators to justice and provide the requisite
support and care for victims, when such acts have
taken place. When complaints of sexual abuse or other
forms of violence are ignored, the likelihood of custodial
violence passing undetected by state authorities is
increased, contributing to the lack of protection for
women victims of such violence in prison.
Monitoring bodies should find out whether the medical
examination of women on admission to prison includes
an examination of any sexual abuse and other forms of
violence that may have occurred prior to admission, as
35. Cheng Lei, Lü Xiaogang, and Chen Jianjun, Research Report on the Treatment of Women Detainees in China – Using the Bangkok Rules as the Starting
Point of Analysis, 2014, p13.
36. Bureau of Police Research and Development, Ministry of Home Affairs, Model Prison Manual for the Superintendence and Management of Prisons in
India, 2003, paras. 9.21 and 22.61, available at http://bprd.nic.in/writereaddata/linkimages/1445424768-content%20%20chapters.pdf <accessed 24
November 2015>.
37. HM Inspectorate of Prisons, UK, A thematic review by HM Inspectorate of Prisons, Transfers and escorts within the criminal justice system, December
2014, p5.
38. Principle 16 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and Rule 58, revised Standard
Minimum Rules for the Treatment of Prisoners.
39. Bangkok Rules, Rule 2.
40. Bangkok Rules, Rules 40 and 41.
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