2. SAFETY, SECURITY
AND DIGNITY FOR ALL
01
To protect the dignity of detainees, prisons must ensure minimum conditions in detention
by providing accommodation and clothing, and ensuring hygiene, as detailed in the Mandela
Rules.98 However, as these sections of the Rules have not been subject to revision, this
chapter only focuses on the new provisions of the Rules.
2
54
Basic Principle 1 of the Mandela Rules makes clear that “[a]ll prisoners shall be treated
with the respect due to their inherent dignity and value as human beings”. The Rule also
stipulates that prison authorities are not only responsible for ensuring the safety and security
of prisoners, but also that of staff, service providers and visitors at all times. In all situations,
the need to uphold safety and security must be balanced with principles of fairness, justice
and humanity.
Safety and security questions span from static issues, such as the infrastructure of the
detention facility itself, to dynamic issues, such as interactions between individuals within
that facility. The concepts of static and dynamic security are described in more detail in
Chapter 3, paragraph 01 of this guidance document.
2.1. SEARCHES OF PRISONERS
AND CELLS
02
The Mandela Rules provide guidance on how to search prisoners and cells in a manner that
helps ensure the good order of the prison facility while respecting the dignity and privacy
of the individuals concerned and protecting their rights. The Rules also clarify the role of
health-care professionals in carrying out body cavity searches.
Searches are usually conducted when prisoners are first admitted to prison, after contact
visits, upon returning from court hearings, hospital appointments, or from working outside
the prison. Searches may also be conducted if staff suspect a prisoner to be in possession
of a prohibited item.
National laws and regulations governing searches of prisoners and cells should be in line
with international standards. There must be clear regulations at a national level defining
when different types of searches are permissible, particularly for strip searches and invasive
body searches. These regulations should include details on who is authorized to carry out
such searches and the manner in which they should be conducted. The circumstances
under which strip searches and invasive searches can be carried out should be clearly
defined by law. There should be specific guidelines in place regarding searches of female
and child prisoners. (For searches of visitors see Chapter 2, paragraphs 54–72 of this
guidance document).
Searches of prison staff are common in most prison systems given there is also a risk
that prison staff bring prohibited items in from the outside world. Due to their scope, the
Mandela Rules do not include provisions for searches of prison staff and service providers
However, the safeguards of ensuring the necessity and proportionality of searches laid out
in the Mandela Rules should apply equally to staff, and searches should be as unobtrusive
as possible.
98. The Mandela Rules, UNGA, op. cit., note 1, Rules 12-23. These rules deal with prisoner accommodation, personal hygiene, clothing and bedding,
food, exercise and sport.
Guidance document on the Nelson Mandela Rules
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents