ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
continuous transfer of prisoners may constitute a violation of the prohibition of torture and other
ill-treatment.58
The Bangkok Rules state that the allocation of women prisoners should take into account their
caretaking responsibilities, as well as the individual woman’s preference and the availability of
appropriate programmes and services.59
It was also noted as good practice to consult prisoners about their initial allocation and any
subsequent transfer from one prison to another, as enshrined in the European Prison Rules.60
The experts discussed the potential tension between the obligation to separate categories of
prisoners with keeping them close to their homes or places of social rehabilitation. This may be
a particular challenge in allocating female prisoners, minors or high security prisoners due to the
smaller number of specialist facilities, particularly in geographically large countries.
The Bangkok Rules address this by requiring flexibility in allowing contact and visits with family to
compensate for this disadvantage faced by women.61
à
S
ee Chapter 3, Contact with the outside world
Prison facilities
Prison architecture can play an important role in the success of prisoner rehabilitation and
reintegration.62
The Essex group noted there are risks with both large prisons and prisons so small that proper
facilities cannot be provided, for example where there are no specialist staff.
The experts referred to relevant sections of the UNOPS Technical Guidance, including on
planning and designing prisons to deliver sports-based activities and the provision of educational,
vocational, spiritual and recreational activities for prisoners.63
The experts clarified that Rule 89(3), which states the maximum number of 500 prisoners per
facility, refers to closed prisons and that the maximum population of open prisons should be
smaller.
Separation
The Essex group recalled that Rule 11 requires the separation of different groups of prisoners,
including pre-trial detainees and convicted prisoners. Participants highlighted that the separation
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. 57 (CPT 2nd General Report).
58
UN Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok
Rules), Rule 4.
59
European Prison Rules 2006, Rule 17.3
60
Rule 26 of the Bangkok Rules states that contact should be encouraged and facilitated ‘by all reasonable means’ and
that measures shall be taken to ‘counterbalance disadvantages faced by women detained in institutions far from their
homes’.
61
See, for example, Dr. Marayca López, ‘How to build for success: prison design and infrastructure as a tool for rehabilitation’, Penal Reform International expert blog series website, 24th July 2014, accessed 14 September 2016 at http://
www.penalreform.org/blog/build-success-prison-design-infrastructure-tool-rehabilitation/.
62
Technical Guidance for Prison Planning, based on the Nelson Mandela Rules, pp. 141-150 and 170-175.
63
Penal Reform International and the Essex Human Rights Centre
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