1. PRISON MANAGEMENT
1.8. INTERNAL INSPECTIONS
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Internal inspection mechanisms refer to inspections conducted by central prison
administrations in order to monitor compliance with prison regulations. They are not tailored
or limited to assessing human rights compliance or to prevent torture or other forms of
ill‑treatment, but can cover a wide range of topics, such as security, finance or staff training.
1
Rules 83, 84 and 85 deal with different forms of oversight, including internal inspections
and external monitoring.88 Both internal and external oversight mechanisms are tools
of professional prison management and serve “to ensure that prisons are managed in
accordance with existing laws, regulations, policies and procedures, with a view to bringing
about the objectives of penal and corrections services, and that the rights of prisoners
are protected”.89 Internal and external oversight mechanisms are meant to complement
each other.
External monitoring mechanisms,90 by comparison, must be independent from the prison
administration although their mandates may overlap in parts with those of internal inspectors.
External monitoring is dealt with in Chapter 7 of this guidance document.
WHY IS IT IMPORTANT?
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While independent, external monitoring has proven highly effective in identifying and
assessing systemic deficiencies in places of detention, in particular when it comes to
preventing torture or other forms of cruel, inhuman or degrading treatment, central authorities
have a duty to scrutinize whether prisons are acting in compliance with national laws
and regulations more broadly. In many countries, therefore, there is a separate internal
or administrative inspection mechanism in place.
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Rule 83 of the Mandela Rules suggests that internal inspections and external monitoring
mechanisms are required for professional prison management.
PUTTING IT INTO PRACTICE
Scope of inspections
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ICPS have noted that an internal inspection “is a more formal type of inspection which is
carried out on individual prisons by staff from the central prison administration. This type
of inspection often takes the form of an audit of procedures. It can cover a wide range of
topics, such as security, finance, activities for prisoners, staff training or discrimination. In
many administrations these procedures will be measured against standards which have
been developed centrally so as to ensure consistency between prisons. Some administrations
also appoint supervisors to their prisons who are responsible for monitoring compliance with
prison regulations. These audits frequently concentrate on administrative processes. This
form of inspection or audit is very important but is not in itself sufficient.”91
88. Rules 83 (1)(b), 84 (2) and 85 (2) apply only to external monitoring whilst Rule 83 1(a) applies only to internal inspections.
89. The Mandela Rules, UNGA, op. cit., note 1, Rule 83 (2).
90. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 38, notes, that: “there is no clear differentiation between
the terms ‘inspection’ and ‘monitoring’. ‘Inspection’ may be used more often amongst criminal justice actors describing internal prison inspections,
whereas the term ‘monitoring’ may be in use more in the human rights community and referring to enquiries by an external, independent body”.
91. A Human Rights Approach to Prison Management, ICPS, op. cit., note 29, p. 122.
Guidance document on the Nelson Mandela Rules
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