4. RESTRICTIONS, DISCIPLINE AND SANCTIONS
and cooling. The provision of a dedicated external yard to enable exercise for prisoners
in isolation is also required, and separate sanitation, eating, cooking and medical facilities
may also need to be provided.”256
72
The Technical Guidance for Prison Planning also points out that isolation cells should
not be considered part of the overall prison capacity, so that if prisoners are removed
from the general population and put in isolation there must be a space for them to return
to following the period of isolation. Isolation cells should never be used as a means to
alleviate overcrowding.257
4.3. THE ROLE OF HEALTH-CARE
PERSONNEL
RELEVANT RULES: THE ROLE OF HEALTH-CARE PERSONNEL
Rule 46:
2. Health-care personnel shall report to the prison
1. Health-care personnel shall not have any role
director, without delay, any adverse effect of disciplinary
in the imposition of disciplinary sanctions or other
restrictive measures. They shall, however, pay particular
attention to the health of prisoners held under any
form of involuntary separation, including by visiting
such prisoners on a daily basis and providing prompt
medical assistance and treatment at the request of
such prisoners or prison staff.
256 257
sanctions or other restrictive measures on the physical
or mental health of a prisoner subjected to such
sanctions or measures and shall advise the director
if they consider it necessary to terminate or alter them
for physical or mental health reasons.
3. Health-care personnel shall have the authority
to review and recommend changes to the involuntary
separation of a prisoner in order to ensure that such
separation does not exacerbate the medical condition
or mental or physical disability of the prisoner.
73
As mentioned in Chapter 6, paragraph 103 of this guidance document, the UN Principles
of Medical Ethics (Principle 3) point out that “It is a contravention of medical ethics for
health personnel, particularly physicians, to be involved in any professional relationship with
prisoners or detainees the purpose of which is not solely to evaluate, protect or improve
their physical and mental health.”
74
Rule 32(d) of the Mandela Rules reiterates the absolute prohibition on physicians and other
health-care professionals from engaging, actively or passively, in acts that may constitute
torture or other ill‑treatment.
75
Daily visits by health-care staff to those held in involuntary separation are important to assess
the impact of segregation on prisoners’ physical and mental health, including indications of
suicidal tendencies or self‑harm, and also to detect any signs of torture or other ill‑treatment.
The fact that medical staff will visit prisoners undergoing such punishment on a daily basis
can itself act as a deterrent to ill‑treatment.
4
WHY IS IT IMPORTANT?
256. Ibid, p. 112.
257. Ibid, p. 111.
Guidance document on the Nelson Mandela Rules
111
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