1. PRISON MANAGEMENT
Accurate data can help provide the media and public with a true picture of prison life,
including the challenges faced by prison administrations. This is particularly important
because many people are ill-informed about the situation in prisons and public and political
discourse about such institutions is often based on fear-mongering, stereotypes and broader
political agendas. Proper record keeping can, in turn, lead to increased public awareness
about the problems faced by prisoners and prison staff, and lead to a shift towards more
evidence-based decision-making.
18
Information in individual files, as well as the data generated from filing systems, is important
for internal inspection and external monitoring bodies to fulfil their role effectively. As
international organizations have pointed out, “[g]aps and inconsistencies in register entries
can alert monitoring teams to potential risks for torture or ill‑treatment”.12
1
17
PUTTING IT INTO PRACTICE
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Different types of filing systems are required in prisons. There should be an overall prison
register, referred to in the Mandela Rules as the “registration book”, as well as individual
prisoner files and separate medical files, which should be prepared, maintained and securely
stored by the prison health-care service. There should also be a separate inventory of
personal property signed by the prisoner and kept by prison management.
20
UNODC has pointed out that “[t]he presence of complete, accurate and accessible
prisoner files” is “a prerequisite for effective prison management and strategic planning”
and noted that, although many prison systems have limited resources, “effective prisoner
file management is not entirely dependent on financial investment; it is more about having
a clear and workable system for recording information, accompanied by procedures that
are respected and followed by prison staff.”13
Commitment orders
21
Rule 7 of the Mandela Rules provides that, upon admission, prison authorities need to
seek a valid commitment order. Commitment orders should include, at the very minimum,
the dates, time and place of arrest and the name of the person and authority ordering
the commitment. The orders must be issued and signed by a judicial authority or other
competent agency, and any commitment order lacking the required information should
automatically be considered invalid.14
22
Given that the lack of a valid commitment order renders the deprivation of liberty unlawful,
prison administrations must, at the very minimum, immediately inform the judge or other
competent authority if there is any doubt as to the existence or validity of a commitment
order. Similarly, prison authorities must, at a minimum, immediately inform judicial authorities
upon expiry of a commitment order for any individual held at their facility.
What type of information should be recorded?
23
Rule 7 provides the details of the information that needs to be entered in the prisoner file
management system upon admission of every prisoner, and Rule 8 sets out the information
that should be entered in the course of imprisonment, as applicable. Prison authorities must
also keep appropriate records of searches, in accordance with Rule 51.
24
While information about personal data should be recorded upon admission to prison, it is
important to note that this may not always be possible, particularly when staff have to deal
with large numbers of admissions at the same time. In this situation, the information must
still be entered as soon as reasonably possible.
12. Preventing Torture: An Operational Guide for National Human Rights Institutions, Asia Pacific Forum of National Human Rights Institutions/Association
for the Prevention of Torture/OHCHR National Institutions and Regional Mechanisms Section, May 2010, p. 33, at www.ohchr.org/Documents/
Publications/PreventingTorture.pdf.
13. Handbook on Prisoner File Management, UNODC, op. cit., note 7, p. 1.
14. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 27.
Guidance document on the Nelson Mandela Rules
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