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