ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Chapter 2 56
Prison management
Issues/rules covered:
•
Basic principles (Rules 3, 4, 5(1))
•
Allocation, classification, admission (Rules 59, 89, 93, 94, 119(1))
•
Information to be provided to prisoners (Rule 54, 55)
•
Prisoner file management (Rules 6-10)
•
Institutional personnel: prison staff training (Rules 74-80 in general, Rule 49 for use of control
techniques, Rule 82(2) for use of force)
•
Inspections (Rules 83, 84, 85)
Basic principles
Rule 4 unequivocally asserts that rehabilitation and reintegration are the key to protecting society
against crime and reducing recidivism.
It was noted that the development of rehabilitation and reintegration programmes should take into
account the many reasons for prisoners’ failure to lead a law-abiding and self-supporting life after
release. This should include consideration of less obvious or longer-term challenges such as family
break-ups, unemployment, social marginalisation and stigmatisation.
The Essex group also reflected on the myriad ways in which imprisonment can hinder successful
reintegration and advised that prison administrations should make every effort to minimise these
obstacles.
The experts pointed out that the rehabilitation and reintegration programmes available to prisoners
should be as broad as possible, taking into account their many different social, economic and
cultural backgrounds.
The relevance of Rule 94 was highlighted, which captures the requirement to develop an
individualised programme (sentence plan) at the beginning of a prison sentence to ensure the
provision of activities and services which are appropriate to the individual and reflective of their
criminogenic background. The experts also stressed that prisoners should have the opportunity to
input to the development of their rehabilitation and reintegration programmes.
The experts noted that the requirement to ‘offer’ opportunities to prisoners (Rule 4(2)) precludes
forced participation in any programmes. They pointed out, however, that prisoners may need
to participate in programmes to meet certain milestones (for example, prisoners may need to
complete particular programmes before applying for parole). The experts also noted Rule 95, which
calls for the establishment of a system not based on sanctions but on privileges to ‘encourage
This chapter was authored by Andrea Huber, Penal Reform International, with the support of Sharon Critoph.
56
Penal Reform International and the Essex Human Rights Centre
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