ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
The participants mentioned the problem that security breaches of individuals often result in
sweeping changes affecting the whole prison population. For example, misuse of the ability to
deliver items to prisoners (e.g. hiding prohibited items in goods) may lead to the prohibition of the
respective good or goods brought by relatives overall. However, the experts reasoned that such
measures have the effect of collective punishment and are particularly problematic in countries/
locations where prisoners depend on family members to bring food, medication and hygiene
products.
Restrictions on family visits
The experts noted that solitary confinement must not be compounded by restrictions on family
contact unless strictly required for the maintenance of security and order (Rule 43(3)). Family
contact in 43(3) must be understood to include visits and other means of contact as defined in Rule
58(1b).
The experts clarified that restrictions on family contact may be imposed if visiting rights were
abused to break prison rules and regulations (e.g. a family member smuggling illegal items into
the prison during the visit), but that restrictions should only be imposed on the particular family
member involved, and not on the family as a whole.
The Essex group highlighted Principle 19 of the UN Body of Principles, which stipulates that
access to the outside world can only be denied subject to reasonable conditions and restrictions as
specified by law or lawful regulations.
For juveniles, the CPT has stressed that their ‘contact with the outside world should never be
denied as a disciplinary measure; nor should it be limited unless the disciplinary offence relates to
such contact’.311 The experts recalled Rule 23 of the Bangkok Rules which states that disciplinary
sanctions for women prisoners shall not include a prohibition on family contact, especially with
children.
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S
ee Chapter 3, Contact with the outside world – contact with family and friends/
restrictions
Solitary confinement
The Essex group recalled the rationale for introducing provisions on solitary confinement in the
course of the review of the SMR, in particular the severe and long-lasting damage isolation can
cause to human beings. Medical research confirms that the denial of meaningful human contact
can cause ‘isolation syndrome’, the symptoms of which include anxiety, depression, anger,
cognitive disturbances, perceptual distortions, paranoia, psychosis, self-harm and suicide, and can
destroy a person’s personality.312
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 24th
General Report of the CPT: 1 August 2013-31 July 2014, Strasbourg, 2014.
311
Grassian S, ‘Psychiatric effects of solitary confinement’, Journal of Law and Policy, Vol. 22, 2006, pp. 325-383
(Psychiatric effects of solitary confinement); Craig Haney, ‘Mental health issues in long-term solitary and “supermax”
confinement’, Crime & Delinquency, Vol. 49, No. 1, 2003, pp. 124-156; Sharon Shalev, A sourcebook on solitary
confinement, Mannheim Centre for Criminology, London School of Economics, 2008 (A sourcebook on solitary
confinement); UN General Assembly, 66th Session, Interim report of the Special Rapporteur of the Human Rights
Council on torture and other cruel, inhuman or degrading treatment or punishment, 5 August 2011, A/66/268 (Special
Rapporteur on Torture report 2011).
312
Penal Reform International and the Essex Human Rights Centre
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