ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
good conduct, develop a sense of responsibility and secure the interest and cooperation of
prisoners in their treatment’.
It is important to note that while prisoners may assume responsibility over certain aspects of
such programmes, activities or services, their role must never extend to placing one prisoner in
a position of power over another. The Essex group referred to Rule 40, which establishes clear
boundaries for self-government. (See also Chapter 6, Incident Management).
Whilst Rule 4 can be interpreted as not being applicable to pre-trial detainees, the experts
recommended that pre-trial detainees should not be excluded from programmes, activities and
services, nor should they be required to participate in them. The denial of opportunities during pretrial detention would greatly reduce the chances of successful reintegration upon release whether
or not the individual is eventually convicted. The experts noted that Rule 4 on non-discrimination
implies that pre-trial detainees are not at a disadvantage to sentenced prisoners.
It was discussed that the term ‘other competent authorities’ in Rule 4(2) means that ‘competent’
State authorities other than the prison administration should be involved in the provision of
programmes, activities and services. Quality programmes provided by government departments
in the community could also be offered in prison, thus reducing the burden on prison authorities.
Rule 88 also highlights the role community agencies should play in the task of social rehabilitation
of prisoners, which was understood to include civil society agencies which often provide services in
prison.
The experts noted the relevance of Rules 93-100 (Work), 104-105 (Education and Recreation) and
106-108 (Social Relations and Aftercare) in the context of rehabilitation and reintegration.
à
F
or Rules 3 and 5, see Chapter 1, Dignity
Allocation, classification, admission
Proximity to home and family
The Essex group noted that the allocation of prisoners should take into account Rule 58 which
states that prisoners shall be allowed, under necessary supervision, to communicate with their
family and friends at regular intervals, including by receiving visits. Rule 59 states that prisoners
should be allocated, to the extent possible, close to their homes or places of social rehabilitation.
It was stressed that access to the outside world needs to be a key consideration when planning
for the building of new prisons, considering the proximity to communities, transport options,
access to the wider criminal justice system (e.g. courts), and the availability of guest houses for
overnight accommodation. Practical guidance in the design, planning and operation of correctional
facilities can be found in the UNOPS Technical Guidance for Prison Planning (UNOPS Technical
Guidance).57
Prisoners should never be sent to facilities far from their homes as a form of punishment. The
experts noted that deliberately allocating prisoners far from their families or purposeful and
United Nations Office for Project Services (UNOPS), Technical Guidance for Prison Planning: Technical and operational considerations based on the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), 2016 (Technical Guidance for Prison Planning, based on the Nelson Mandela Rules).
57
Penal Reform International and the Essex Human Rights Centre
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