5. CONTACT WITH THE OUTSIDE WORLD
5.3. NOTIFICATIONS
RELEVANT RULES: NOTIFICATIONS
Rule 68: Every prisoner shall have the right, and
shall be given the ability and means, to inform
immediately his or her family, or any other person
designated as a contact person, about his or her
imprisonment, about his or her transfer to another
institution and about any serious illness or injury.
The sharing of prisoners’ personal information shall
be subject to domestic legislation.
by the director of the prisoner’s serious illness, injury
or transfer to a health institution. The explicit request
of a prisoner not to have his or her spouse or nearest
relative notified in the event of illness or injury shall
be respected.
Rule 70: The prison administration shall inform a
prisoner at once of the serious illness or death of
a near relative or any significant other. Whenever
Rule 69: In the event of a prisoner’s death, the prison
circumstances allow, the prisoner should be authorized
director shall at once inform the prisoner’s next of kin or to go, either under escort or alone, to the bedside of a
emergency contact. Individuals designated by a prisoner near relative or significant other who is critically ill, or to
to receive his or her health information shall be notified attend the funeral of a near relative or significant other.
WHY IS IT IMPORTANT?
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Contact with family or others in the early stages following arrest and imprisonment can serve
to reassure and calm prisoners in a stressful time. Family and friends need to know about
their whereabouts, and the person arrested may need to find out what has happened to their
children and other dependents. Early notification of arrest and detention also enables family
and friends to visit as soon as possible for emotional and material support.
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The right to inform family or other points of contact about imprisonment or transfer is
a key safeguard against torture and other ill‑treatment, incommunicado detention and
enforced disappearance. The ability to inform family about serious injuries can also act
as a preventative measure against ill‑treatment in detention.
PUTTING IT INTO PRACTICE
Recording contact persons
In order to be able to notify, or enable prisoners to notify, their emergency contact in case
of death, illness, injury or transfer, prison authorities must keep accurate records of prisoners’
emergency contact details and information on their next of kin, as required by Rule 7(g).
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Various contact details must be kept, according to the Mandela Rules, including “emergency
contact details and prisoners’ next of kin” (Rule 7), “family (or another dedicated contact
person)” (Rule 68), a “near relative or any significant other” (Rule 70) and “individuals
designated by a prisoner” (Rule 69). In all cases, the definition of family and friends should be
defined broadly, as noted in Chapter 5, paragraphs 22–26 of this guidance document.
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Prisoners should be consulted at the early stages of detention concerning who their
emergency contact and next of kin is. If they do not wish for their contacts to be notified of
their imprisonment, or in case of injury, illness, death or transfer, then their wishes should be
respected. Prisoners should be given the opportunity to amend these details if they wish to
change their initial decision.
Guidance document on the Nelson Mandela Rules
5
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