ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Training must incorporate standards that give guidance on how to provide both a gender-sensitive
and age-sensitive approach,127 as well as relating to the specific needs of other groups, including
LGBTI prisoners.128
The experts stressed that training should not be limited to theoretical presentation of laws and
regulations, but should be practical and include scenario-based training.
Rule 75(3) underlines that training must be provided not only before entering duty, but on a
continual basis.
The experts acknowledged the benefit of technology, including the availability of e-training, but
stressed the need and benefit of face-to-face education, in particular for practical training content
such as the use of force and restraints. They further noted the need for dedicated training facilities,
where inductions can be provided in-house (staff may be more receptive to in-house training) or
by external agencies. The Principles and Best Practices on the Protection of Persons Deprived
of Liberty in the Americas recommend the participation and cooperation of social institutions and
private enterprises in training programmes and specialised education.129
à
S
ee also Chapter 6, Incident management – use of force and arms.
Inspections and external monitoring
Two-fold system of inspections
The Essex group recalled that the updating of the rules on inspections (Rules 83-85) reflects the
considerable lessons learned in recent decades from the regular monitoring of places of detention
and its preventive function with regard to torture and ill-treatment.
Experience with monitoring and inspection systems revealed that, while internal inspections
fulfil an important function, monitoring is ensured much more effectively through an external,
independent body that has full access and can undertake unannounced visits.
Accordingly, the revised SMR reflect the concept of a two-fold system consisting of internal
inspections on the one hand, and external inspections by a body independent of the prison
administration on the other.
The participants discussed that there is no clear differentiation between the terms ‘inspection’
and ‘monitoring’. ‘Inspection’ may be used more often amongst criminal justice actors describing
internal prison inspections, whereas the term ‘monitoring’ may be in use more in the human rights
community and referring to enquiries by an external, independent body.
UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) 1985; UN Guidelines for the
Prevention of Juvenile Delinquency (Riyadh Guidelines) 1990; UN Rules for the Protection of Juveniles Deprived of
their Liberty 1990; OHCHR Guidelines for Action on Children in the Criminal Justice System, Guideline 21. See also
CAT SMR revision observations, CAT/C/51/4, para. 62.
127
CAT SMR revision observations, CAT/C/51/4, para. 62; UN General Assembly, 68th Session, Torture and other cruel,
inhuman or degrading treatment or punishment: Note by the Secretary-General, 9 August 2013, A/68/295, para. 83
(Special Rapporteur on Torture report 2013); UN Human Rights Council, 29th Session, Discrimination and violence
against individuals based on their sexual orientation and gender identity: Report of the Office of the United Nations
High Commissioner for Human Rights, 4 May 2015, A/HRC/29/23, para. 75.
128
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, principle XX.
129
Penal Reform International and the Essex Human Rights Centre
| 38
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents