ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Meaningful activities and mental health
Occupying prisoners’ time with purposeful activity serves not only the rehabilitative purpose of
imprisonment, but also reduces risks of violence. It has been established that meaningful activities
keep prisoners engaged and channel their energy into constructive activities, ‘reducing their
motivation to engage in disorder’. At the same time such programmes allow prison staff to establish
positive relationships with prisoners and contributes to dynamic security.416
Rule 4(2) recalls the rehabilitative purpose of imprisonment and calls on prison administrators to
offer education, vocational training and work.
The European Committee to Prevent Torture (CPT), for example, has stressed the importance
of a ‘satisfactory programme of activities (…) as diverse as possible (education, sport, work of
vocational value, etc.)’, including and in particular in high security units, stating that ‘[i]t can do
much to counter the deleterious effects upon a prisoner’s personality of living in the bubble-like
atmosphere of such a unit’.417
Use of force and arms
The Essex group noted that guidance in the revised SMR on the use of force and arms remains
limited as this area was not updated in the course of the review. It is noteworthy that the only
provision relating to the use of force and to arms is contained in the section on ‘institutional
personnel’ rather than in any of the substantive sections.
However, the SMR are supplemented by the Code of Conduct for Law Enforcement Officials,418
and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF).
419
Both of these instruments enshrine the requirements of prescription by law, necessity and
proportionality and call on law enforcement420 to, ‘as far as possible, apply non-violent means’.
The use of force and restraints is documented as a high risk situation for ill-treatment of prisoners,
and ‘as such call[s] for specific safeguards’.421
The experts noted that often the use of force, restraints and arms (including firearms) are linked,
and recommended that more guidance is compiled on their use in a prison context, which should
describe examples of legitimate and illegitimate use. They also recommended more guidance to
clarify ambiguous terms such as ‘arms’ and ‘passive physical resistance’.
Handbook on Dynamic Security, pp. 38-39.
416
CPT 11th General Report, CPT/Inf (2001) 16, para. 47.
417
Article 3 of the Code states that ‘Law enforcement officials may use force only when strictly necessary and to the
extent required for the performance of their duty’. The Commentary elaborates on the exceptionality and proportionality, stating that ‘[i]n no case should this provision be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved’.
418
In accordance with the commentary to article 1 of the Code of Conduct for Law Enforcement Officials, the term ‘law
enforcement officials’ includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention.
419
The term ‘law enforcement officials’ includes ‘all officers of the law, whether appointed or elected, who exercise police
powers, especially the powers of arrest or detention’ (See note 1 of the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, which refers to the same definition in the commentary to article 1 of the Code
of Conduct for Law Enforcement Officials).
420
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 2nd
General Report on the CPT’s activities covering the period 1 January to 31 December 1991, 1992, CPT/Inf (92) 3,
para. 53 (CPT 2nd General Report).
421
Penal Reform International and the Essex Human Rights Centre
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