prison staff. At the same time, prison authorities have the responsibility to ensure that the
deprivation of liberty is no more restrictive than necessary and does not aggravate the
133
suffering inherent in imprisonment.
Too often, security and human rights in prisons are wrongly perceived as conflicting
objectives. On the contrary, these are not only compatible but mutually reinforcing.
Disproportionate and excessive security and safety measures may result not in more
control but, instead, contribute to increased risks of disruption, violence, tension or
disorder. Human rights abuses may result in prisoners being less likely to comply with the
134
prison rules and more likely to follow a path of radicalization to violence or terrorism.
On the other hand, treating prisoners with dignity and fairness has demonstrable positive
effects on order and compliance with detention rules, as prisoners are more likely to
135
acknowledge the legitimacy and authority of prison staff.
A dynamic security approach should be promoted (together with physical and procedural
security arrangements) to create a positive climate where prison staff are able to foresee
136
potential problems for the safety and security of both prisoners and staff. Dynamic
security is based on the importance of developing professional, positive and respectful
staff-prisoner relationships. Together with fair treatment and purposeful activities, this
will contribute to prisoner reintegration upon release and enable staff to better anticipate
137
problems and security risks. Good relationships between prisoners and prison staff “will
serve to lower the tension inherent in any prison environment and by the same token
138
significantly reduce the likelihood of violent incidents and associated ill-treatment.”
2.1 Human rights risk area 1:
Classification, risk and needs assessments
As outlined in the UN Nelson Mandela Rules, prisoners should be separated based on
their legal status (pre-trial from sentenced detainees), gender (men from women) and
age (children from adults),139 independently from any risk and needs assessments.
Furthermore, the purpose of classification shall be “to separate from others those
prisoners who, by reason of their criminal records or characters, are likely to exercise a
bad influence;” and “to divide the prisoners into classes in order to facilitate their treatment
133 UN Nelson Mandela Rules, ibid., note 13, Rule 3.
134 International Committee of the Red Cross (ICRC), “Radicalization in Detention – the ICRC’s Perspective”,
Geneva, 10 June 2016, p. 2.
135 PRI and the APT “Balancing Security and Dignity in Prisons: A Framework for Preventive Monitoring”,
2013, p. 5.
136 See: UN Nelson Mandela Rules, op. cit., note 13, Rule 76c, Guidance Document on Treatment of
Prisoners, pp. 16, 41-42, 48, 61, 78, 82, 112-113; and UNODC, Handbook on Dynamic Security and Prison
Intelligence, (Vienna: UNODC, 2015), p. 29.
137 PRI and the APT, “Balancing Security and Dignity in Prisons: A Framework for Preventive Monitoring”, op.
cit., note 135, p. 7.
138 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT), 2nd General Report on the CPT’s activities, 13 April 1992, para. 45.
139 UN Nelson Mandela Rules, op. cit., note 13, Rule 11.
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