ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
prison staff to anticipate and prevent problems before they even arise. It also means that should an
incident occur the prison staff know prisoners well enough to know how to respond.115
Furthermore, a dynamic security approach has shown to in itself improve security. Constructive as
opposed to confrontational, relations between prisoners and staff ‘will serve to lower the tension
inherent in any prison environment and by the same token significantly reduce the likelihood of
violent incidents and associated ill-treatment’.116 ‘Approachability of staff, instilling confidence,
creating a sense of order and safety/security’ has been found to prevent conflict.117
Dynamic security entails the prison staff being directly involved with prisoners (‘basic grade staff’)
and requires adequate training. Interpersonal skills of staff are an important element in the effective
application of dynamic security.118 Staff should understand the relevance of verbal and non-verbal
behaviour, and be familiar with the different groups represented in prison (including religious,
ethnic and cultural groups).119
The SMR acknowledge the concept of dynamic security in Rule 76(c), and emphasise the role of
conflict prevention and alternative dispute resolution in prisons in Rule 38(1).
It has been noted, in the context of post-conflict situations, that to a certain extent the ‘introduction
of effective dynamic security elements, such as increased staff/prisoner contact and interaction,
can offset a prison’s limited static security components’.120
Recruitment and selection of prison staff
The Essex group recommended that penitentiary systems have a recruitment policy in place
which is clear about the skills and qualities required. The policy should have proper criteria and
procedures to ensure only suitable applicants are employed. It has been stressed that, ‘[t]o obtain
personnel of the right calibre, the authorities must be prepared to invest adequate resources into
the process of recruitment and training and to offer adequate salaries’.121
The skills described in Rule 76 should already be taken into account in the course of recruitment,
i.e. prison authorities should seek to recruit staff who have already acquired relevant skills.
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials also
call on governments and law enforcement agencies to ‘ensure that all law enforcement officials
are selected by proper screening procedures, have appropriate moral, psychological and
physical qualities for the effective exercise of their functions and receive continuous and thorough
professional training’. They also call for a periodic review of the ‘continued fitness to perform these
functions’.122
A Human Rights Approach to Prison Management, pp. 59, 70-71. See also United Nations Department of Peacekeeping Operations, Prison Incident Management Handbook, 2013, pp. 15 and 21 onwards (DPKO Prison Incident
Management Handbook); Handbook on Dynamic Security; and Office of the United Nations High Commissioner for
Human Rights, Human Rights and Prisons: A Manual on Human Rights Training for Prison Officials, vol. I, Geneva,
2005, p. 98 (Human Rights and Prisons).
115
CPT 2nd General Report, CPT/Inf (92) 3, para 45.
116
Handbook on Dynamic Security, p. 32.
117
Handbook on Dynamic Security, p. 32.
118
Handbook on Dynamic Security, p. 32.
119
DPKO Prison Incident Management Handbook, p. 21.
120
CAT SMR revision observations, CAT/C/51/4, para. 63.
121
UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle 18.
122
Penal Reform International and the Essex Human Rights Centre
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