4. RESTRICTIONS, DISCIPLINE AND SANCTIONS 4.1. DISCIPLINARY SANCTIONS AND PROCEDURES RELEVANT RULES: DISCIPLINARY SANCTIONS AND PROCEDURES Rule 36: Discipline and order shall be maintained with 3. Prisoners shall be allowed to defend themselves in no more restriction than is necessary to ensure safe custody, the secure operation of the prison and a well ordered community life. Rule 37: The following ‘shall always be subject to authorization by law or by the regulation of the competent administrative authority’, such as the relevant ministry or the prison administration. (a) Conduct constituting a disciplinary offence; (b) The types and duration of sanctions that may be imposed; (c) The authority competent to impose such sanctions; (d) Any form of involuntary separation from the general person, or through legal assistance when the interests of justice so require, particularly in cases involving serious disciplinary charges. If the prisoners do not understand or speak the language used at a disciplinary hearing, they shall be assisted by a competent interpreter free of charge. 4. Prisoners shall have an opportunity to seek judicial review of disciplinary sanctions imposed against them. 5. In the event that a breach of discipline is prosecuted as a crime, prisoners shall be entitled to all due process guarantees applicable to criminal proceedings, including unimpeded access to a legal adviser. Rule 42: General living conditions addressed in these rules, including those related to light, ventilation, prison population, such as solitary confinement, temperature, sanitation, nutrition, drinking water, access isolation, segregation, special care units or restricted to open air and physical exercise, personal hygiene, housing, whether as a disciplinary sanction or for health-care and adequate personal space, shall apply the maintenance of order and security, including promulgating policies and procedures governing the use to all prisoners without exception. and review of, admission to and release from any form Rule 43: of involuntary separation. 1. In no circumstances may restrictions or disciplinary sanctions amount to torture or other cruel, inhuman Rule 39: 1. No prisoner shall be sanctioned except in accordance or degrading treatment or punishment. The following 2. Prison administrations shall ensure proportionality between a disciplinary sanction and the offence for which it is established, and shall keep a proper record of all disciplinary sanctions imposed. Rule 40: No prisoner shall be employed, in the service of the prison, in any disciplinary capacity. Rule 41: 1. Any allegation of a disciplinary offence by a prisoner shall be reported promptly to the competent authority, which shall investigate it without undue delay. 2. Prisoners shall be informed, without delay and in practices, in particular, shall be prohibited: (a) Indefinite solitary confinement; (b) Prolonged solitary confinement; (c) Placement of a prisoner in a dark or constantly 4 with the terms of the law or regulation referred to in rule 37 and the principles of fairness and due process. A prisoner shall never be sanctioned twice for the same act or offence. lit cell; (d) Corporal punishment or the reduction of a prisoner’s diet or drinking water; (e) Collective punishment.218 2. Instruments of restraint shall never be applied as a sanction for disciplinary offences.219 3. Disciplinary sanctions or restrictive measures shall not include the prohibition of family contact. The means of family contact may only be restricted for a limited time period and as strictly required for the maintenance of security and order. a language that they understand, of the nature of the accusations against them and shall be given adequate time and facilities for the preparation of their defence. 218 219 218. “Collective punishment” refers to sanctions which affect the whole prison population or a group of prisoners regardless of their individual responsibility. It includes sanctions such as restricting the out-of-cell time or activities of all the occupants of particular cells, or full prison lockdowns applied as punishments rather than purely for security purposes. Some incidents may also result in policy changes which have the effect of collective punishment, including the imposition of shorter visiting hours and restrictions on bringing food to prisoners. 219. The use of restraints is discussed in more detail in Chapter 3 of this guidance document. Guidance document on the Nelson Mandela Rules 99