PRISON MANAGEMENT
Guidance on the Nelson
Mandela Rules
The UN Standard Minimum Rules for
the Treatment of Prisoners (SMR) were
approved by the UN Economic and
Social Council in 1957 and have served
well as the key international standards
governing the treatment of prisoners.
In many countries, they have been
used as the ‘blueprint’ for national
prison rules and in others, they are
the only document used to regulate
the treatment of prisoners.
In 2015, the UN General Assembly
unanimously adopted the revised
UN Standard Minimum Rules
for the Treatment of Prisoners,
known as the Nelson Mandela
Rules to honour the legacy of the
late President of South Africa. The
Nelson Mandela Rules update and
revitalise the original text of the
SMR, with a ‘targeted revision’ of
terminology and of eight specific
areas that were in particular need
of review: respect for prisoners’
inherent dignity; medical and health
services; disciplinary measures and
sanctions; investigations of deaths
and torture in custody; protection of
vulnerable groups; access to legal
representation; complaints and
independent inspection; and training
of staff.
In 2018, the OSCE Office for
Democratic Institutions and Human
Rights and PRI produced a Guidance
Document on the Nelson Mandela
Rules.332 This provides practitioners
with comprehensive information
on how to implement the revised
rules in practice. The Guidance
Document incorporates existing
international legal and practical tools,
‘soft law’ principles and opinions
of authoritative bodies, as well as
promising national practice examples.
As such, it is a useful resource for
the interpretation and effective
implementation of the Nelson
Mandela Rules.
Contact with
the outside world
Prisoners’ contact with the outside
world plays an essential role in
their rehabilitation and reintegration
on release, through time spent
face-to-face with family, friends,
lawyers, counsellors, religious advisors
and others, as well as through
other forms of contact such as
written correspondence, video and
telephone calls.
Face-to-face visits and telephone calls
are the primary means of maintaining
family ties for most prisoners and are
especially important for prisoners who
are functionally illiterate or who cannot
rely on written correspondence.
Telephone calls are particularly
important for prisoners whose families
cannot travel to distant prisons
for in-person visitation. In 2018, a
judgement by the European Court of
Human Rights stated that imprisoning
people thousands of miles from their
families violates their right to family
life. The judgement was made in the
case of a prisoner in Russia who
was serving his sentence in a prison
4,200 kilometres from his home town
and who, as a result, had not seen
his partner since 2014 and had never
seen his four-year-old daughter.333
Conjugal visits are permitted in some
jurisdictions although their provision
varies a great deal. There were calls
from women prisoners for such visits
in Zimbabwe,334 while a court in Oman
ruled to allow conjugal visits for the
first time.335 The Department of Prison
Management in Nepal announced
plans for childless men and women
‘of reproductive age’ to have access
to conjugal visits in order to allow
them to have children.336 In Pakistan,
a new ‘model’ prison is being built with
provision for conjugal rooms.337
Technology is increasingly used as
a cost-effective means of ensuring
contact between prisoners and the
outside world. In England and Wales,
the government announced plans
to install in-cell telephones as part
of a drive to improve family ties and
to stem the flow of illegal mobiles,338
while some prisons have installed
photo booths that allow children to
take photos with their imprisoned
parents.339 Thailand and Taiwan have
both launched pilots for video visits.340
(See Role and use of technologies,
page 37).
The prohibitive cost of making calls
from and to prison – calls typically
cost much more than non-prison
calls – remains an issue in the US.
In a progressive move, New York City
Council has made all domestic calls to
and from prisons free of charge, citing
the advantages for prisoners in terms
of their rehabilitation.342
RECOMMENDATION 16
Contact with the outside world
is crucial for the rehabilitation
and reintegration of prisoners.
Because it is a right rather than
a privilege, withholding or
granting such contact should
not be used as either a reward
or a punishment. Letters,
phone calls and other forms of
remote and technology-based
communication should never
be used as substitutes for
in-person visits.
Many states in the US now permit
prisoners to have electronic devices
in their cells that enable them to use
email, make video calls, play games,
watch films, download books and
take job training courses. Internet
connection is controlled and the
devices themselves are usually
provided free of charge, but prisoners
have to pay for the services they
use; critics claim this is a means
of ‘monetising human contact’.341
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
| 31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents