ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES Also, if restraints are used routinely rather than when strictly necessary, medical personnel may wrongly presume that the prisoner (their patient) is dangerous.203 Restraints should not be used if they are contraindicated in light of the medical condition of the prisoner. For example, there should be a presumption against the use of restraints on women in the later stages of pregnancy. Rule 48(2) of the Bangkok Rules enshrine a prohibition against the use of restraints on women during labour or birth or immediately after birth.204 à S ee Chapter 5, Restrictions, discipline and sanctions – instruments of restraint Respect for human dignity The experts also discussed implications of the obligation to respect the human dignity of prisoners (Rule 1) in the context of transfers. They stressed that the application of this principle means that prisoners should not be exposed to public view especially while dressed in prison uniform or with instruments of restraint such as handcuffs. It was highlighted that Rule 19(3) caters for this situation explicitly, requiring that a prisoner be ‘allowed to wear his or her own clothing or other inconspicuous clothing’ whenever removed outside the prison. Where prisoners do not possess non-uniform clothing, good practice is for prison administrations to provide such clothing, especially for prisoners who appear at court. It should be noted that Rule 73(1) states that while prisoners are being transferred the vehicle must ensure they are ‘exposed to public view as little as possible’ and ‘safeguards should be in place to avoid publicity or curiosity from the public’. Transfer of possessions and files Where prisoners are transferred to another prison facility, their possessions and files need to be transferred with them.205 The experts noted that Rules 67(1) and (2) need to be read as an instruction to transfer the prisoners’ belongings to any new facility. This also applies to legal documents, which the prisoner is entitled to keep in his/her possession pursuant to Rule 53. Transferring such documents with the prisoner is key to preventing loss of documents, which might infringe procedural rights, result in a delay of procedures, impede fair trial or lead to a failure to attend court hearings. In order to ensure professional prison administration, the entire prisoner file should be transferred to any new facility since it provides the prison authority with crucial information about risks and needs associated with the individual prisoner. Medical records also need to be transferred, along with the prisoner (Rule 26(2)), to the healthcare service of the receiving institution, while retaining medical confidentiality. The UN Committee See, for example, SPT Report on visit to Ukraine, CAT/OP/UKR/1, para. 77, and SPT Report on visit to New Zealand, CAT/OP/NZL/1, para. 110, expressing concern about transportation in vehicles with single ‘cages’, prisoners routinely handcuffed and often waist-restrained, regardless of their security classification; as well as about transfers in small cages with metal benches and without proper windows for long journeys (up to twelve hours). 203  UN Bangkok Rules, Rule 24. 204  See, for example, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 3rd General Report on the CPT’s activities covering the period 1 January to 31 December 1992, 1993, CPT/Inf (93) 12, para. 59: ‘Steps should also be taken to ensure a proper flow of information – both within a given establishment and, as appropriate, between establishments (and more specifically between their respective healthcare services) – about persons who have been identified as potentially at risk’. 205  Penal Reform International and the Essex Human Rights Centre | 58