ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Training of prison staff
Training specifically on issues relating to safety and security are captured in Rule 76(1c), and
it is noted that, ‘at a minimum’, training shall include the concept of dynamic security as well as
‘the use of force and instruments of restraint, and the management of violent offenders’, with due
consideration given to ‘preventive and defusing techniques, such as negotiation and mediation’.
Rule 75(3) clarifies that training courses need to be provided not only prior to entering service, but
continuously ‘with a view to maintaining and improving the knowledge and professional capacity’
of personnel. Rule 82(2) further notes that ‘prison staff shall be given special physical training to
enable them to restrain aggressive prisoners’.
In order to implement the SMR, in particular on proportionate use of force, arms and restraints,
it is vital that prison staff are trained on non-violent means of resolving conflicts, and receive
practical training on a range of use of force techniques, from empty hand techniques412 to the use
of weaponry, to ensure that they are able to use no more force than is strictly necessary. Training
should include explicit emphasis on human rights, and how to operationalise human rights. It
should also include material on the risks and human rights concerns associated with the use of
particular weapons/force options. As some use of force options and techniques pose a greater risk
than others, training should ensure that officers are given a level of training commensurate with the
complexity of the technique in question, and the risks it may pose.
Training should incorporate real life scenarios, practical exercises and scenario-based
assessments, ensuring that officers can practically use the skills they have been taught and
respond to a range of different circumstances.
Delivering detailed modules on the following aspects was mentioned as a good practice: avoiding
danger, conflict prevention, defusing the situation, controlling the situation, necessity, guidance on
decision whether use of force is necessary, reasonability in the circumstances, and using the least
amount of force possible.413
Regular system assessments
Implementation of safety and security also implies that prison administrations take a step back
from the daily management of the prison to reflect, identify and resolve challenges and recurring
issues in relation to safety and security. Periodic assessments enable the prison administration to
identify questions of a systemic nature that require regulation or intervention by central authorities
and that should be dealt with by those responsible for the prison system as a whole.414
The importance of periodic reassessments of fire safety specifically has been highlighted by the
Inter-American Commission on Human Rights which recommended that the fire department should
be requested to ‘periodically inspect and deliver assessments on the appropriateness of the fire
safety and prevention measures’ to prisons ‘nationwide’.415
‘Empty hand techniques’ is an umbrella term used to refer to force that is inflicted without any kind of weapon or
equipment. This can include, for example, punches, kicks, ground pins, strikes and pressure point techniques.
412
HM Prison Service, Prison Service Order 1600: Use of Force, London, 2005 (amended 2015).
413
See also UNODC, Handbook on prisoner file management, New York, 2008, p. 44, on the importance of processes
and procedures to ‘monitor the performance of various components of the organization in helping achieve the strategic objectives of the institution’.
414
IACHR Report on Honduras, para. 162 (10), page 62.
415
Penal Reform International and the Essex Human Rights Centre
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