THERAPUTIC

MODALITIES
CRI 416

Prof. M
 CRI 416

ULOa

PART 5
WHAT ARE THE RIGHTS OF A PERSON
DURING CUSTODIAL INVESTIGATION?

The right to be informed of his

rights
The right to remain silent and to be
reminded that anything he says can
and will be used against him
WHAT ARE THE RIGHTS OF A PERSON
DURING CUSTODIAL INVESTIGATION?

The right to an attorney or to

counsel, preferably of his own
choice; if not, one will be provided
for him
WHAT ARE THE RIGHTS OF A PERSON
DURING CUSTODIAL INVESTIGATION?

Rights against torture, force,

violence, threat, intimidation or any
other means which may vitiate the
free will of the person
WHAT ARE THE RIGHTS OF A PERSON
DURING CUSTODIAL INVESTIGATION?

Right against secret detention

places, solitary, incommunicado, or
other similar forms of detention
 REPUBLIC ACT NO. 7438
AN ACT DEFINING CERTAIN RIGHTS OF
PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS
THE DUTIES OF THE ARRESTING, DETAINING
AND INVESTIGATING OFFICERS, AND
PROVIDEING PENALTIES FOR VIOLATIONS
THEREOF
HTTPS://LAWPHIL.NET/STATUTES/R
EPACTS/RA1992/RA_7438_1992.H
TML
THE UNITED NATIONS STANDARD
MINIMUM RULES FOR THE
TREATMENT OF PRISONERS

(THE NELSON MANDELA RULES)

 RULES OF GENERAL APPLICATION
RULE 1 ALL PRISONERS SHALL BE TREATED WITH THE
RESPECT DUE TO THE INHERENT DIGNITY AND VALUE AS
HUMAN BEINGS. NO PRISONER SHALL BE SUBJECTED TO,
AND ALL PRISONERS SHALL BE PROTECTED FROM, TORTURE
AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT, FOR WHICH NO CIRCUMSTANCES
WHATSOEVER MAY BE INVOKED AS A JUSTIFICATION. THE
SAFETY AND SECURITY OF PRISONERS, STAFF, SERVICE
PROVIDERS AND VISITORS SHALL BE ENSURED AT ALL
TIMES.
 RULES OF GENERAL APPLICATION
RULE 2 THE PRESENT RULES SHALL BE APPLIED
IMPARTIALLY. THERE SHALL BE NO DISTINCTION ON
THEGROUNDS OF RACE, COLOR, SEX, LANGUAGE, RELIGION,
POLITICAL OR OTHER OPINION, NATIONAL OR SOCIAL
ORIGIN, PROPERTY BIRTH OR ANY OTHER STATUS. THE
RELIGIOUS BELIEFS AND MORAL PRECEPTS OF PRISONERS
SHALL BE RESPECTED.
 RULES OF GENERAL APPLICATION

RULE 3 IMPRISONMENT AND OTHER MEASURES THAT RESULT

IN CUTTING OFF PERSONS FROM OUTSIDE WORLD ARE
AFFLICTIVE BY THE VERY FACT OF TAKING FROM THESE
PERSONS THE RIGHT OF SELF-DETERMINATION BY
DEPRIVING THEM OF THEIR LIBERTY.
 RULES OF GENERAL APPLICATION

RULE 4 THE PURPOSES OF A SENTENCE OF IMPRISONMENT

OR SIMILAR MEASURES DEPRIVATIVE OF PERSON’S LIBERTY
ARE PRIMARILY TO PROTECT SOCIETY AGAINST CRIME AND
TO REDUCE RECIDIVISM. THOSE PURPOSES CAN BE
ACHIEVED ONLY IF THE PERIOD OF IMPRISONMENT IS USED
TO ENSURE, SO FAR AS POSSIBLE, THE REINTEGRATION OF
SUCH PERSONS INTO SOCIETY UPON RELEASE SO THAT
THEY CAN LEAD A LAW-ABIDING AND SELF-SUPPORTING
LIFE.
 RULES OF GENERAL APPLICATION

RULE 5 THE PRISON REGIME SHOULD SEEK TO MINIMIZE

ANY DIFFERENCES BETWEEN PRISON LIFE AND LIFE AT
LIBERTY THAT TEND TO LESSEN THE RESPONSIBILITY OF
THE PRISONERS OR THE RESPECT DUE TO THEIR DIGNITY
AS HUMAN BEINGS.
 RULES OF GENERAL APPLICATION
PRISONER FILE MANAGEMENT
RULE 6 THERE SHALL BE A STANDARDIZED PRISONER FILE
MANAGEMENT SYSTEM IN EVERY PLACE WHERE PERSONS ARE
IMPRISONED. SUCH A SYSTEM MAY BE AN ELECTRONIC
DATABASE OR RECORDS OR A REGISTRATION BOOK WITH
NUMBERED AND SIGNED PAGES. PROCEDURES SHALL BE IN
PLACE TO ENSURE A SECURE AUDIT TRAIL AND TO PREVENT
UNAUTHORIZED ACCESS TO OR MODIFICATION OF ANY
INFORMATION CONTAINED IN THE SYSTEM.
 RULES OF GENERAL APPLICATION
PRISONER FILE MANAGEMENT
RULE 7 NO PERSON SHALL BE RECEIVED IN A PRISON
WITHOUT ANY VALID COMMITMENT ORDER.

RULE 8 PRISONER’S PERSONAL INFORMATION SHALL BE

ENTERED IN THE PRISONER FILE MANAGEMENT SYSTEM IN
THE COURSE OF IMPRISONMENT.
 RULES OF GENERAL APPLICATION
PRISONER FILE MANAGEMENT
RULE 9 ALL RECORDS REFERRED TO IN RULES 7 AND 8
SHALL BE KEPT CONFIDENTIAL AND MADE AVAILABLE ONLY
TO THOSE WHOSE PROFESSIONAL RESPONSIBILITIES
REQUIRE ACCESS TO SUCH RECORDS. EVERY PRISONER
SHALL BE GRANTED ACCESS TO THE RECORDS PERTAINING
TO HIM OR HER, SUBJECT TO REDACTIONS AUTHORIZED
UNDER DOMESTIC LEGISLATION, AND SHALL BE ENTITLED
TO RECEIVE AN OFFICIAL COPY OF SUCH RECORDS UPON
HIS OR HER RELEASE.
 RULES OF GENERAL APPLICATION
PRISONER FILE MANAGEMENT
RULE 10 PRISONER FILE MANAGEMENT SYSTEMS SHALL BE
USED TO GENERATE RELIABLE DATA ABOUT TRENDS
RELATING TO AND CHARACTERISTICS OF THE PRISON
POPULATION, INCLUDING OCCUPANCY RATES, IN ORDER TO
CREATE A BASIS FOR EVIDENCE-BASED DECISION MAKING.
 RULES OF GENERAL APPLICATION
SEPARATION OF CATEGORIES
RULE 11 THE DIFFERENT CATEGORIES OF PRISONERS SHALL
BE KEPT IN SEPARATE INSTITUTIONS, TAKING ACCOUNT OF
THEIR SEX, AGE, CRIMINAL RECORD, THE LEGAL REASON
FOR THEIR DETENTION AND THE NECESSITIES OF THEIR
TREATMENT.
 RULES OF GENERAL APPLICATION
ACCOMMODATION
RULE 12 WHERE SLEEPING ACCOMMODATION IS IN
INDIVIDUAL CELLS OR ROOMS, EACH PRISONER SHALL
OCCUPY BY NIGHT CELL OR ROOM BY HIMSELF OR HERSELF.
IF FOR SPECIAL REASONS, SUCH AS TEMPORARY
OVERCROWDING, IT BECOMES NECESSARY FOR THE
CENTRAL PRISON ADMINISTRATION TO MAKE AN EXCEPTION
TO THIS RULE, IT IS NOT DESIRABLE TO HAVE TWO
PRISONERS IN A CELL OR ROOM.
 RULES OF GENERAL APPLICATION
ACCOMMODATION
RULE 13 ALL ACCOMMODATION PROVIDED FOR THE USE OF
PRISONERS AND IN PARTICULAR ALL SLEEPING
ACCOMMODATION SHALL MEET ALL REQUIREMENTS OF
HEALTH, DUE REGARD BEING PAID TO CLIMATIC
CONDITIONS AND PARTICULARLY TO CUBIC CONTENT OF
AIR, MINIMUM FLOOR SPACE, LIGHTING, HEATING AND
VENTILATION.
 RULES OF GENERAL APPLICATION
ACCOMMODATION
RULE 14 IN ALL PLACES WHERE PRISONERS ARE REQUIRED
TO LIVE OR WORK:
(A) THE WINDOWS SHALL BE LARGE ENOUGH TO ENABLE
THE PRISONERS TO READ AND WORK BY NATURAL LIGHT
AND SHALL BE SO CONSTRUCTED THAT THEY CAN ALLOW
THE ENTRANCE OF FRESH AIR WHETHER OR NOT THERE IS
ARTIFICIAL VENTILATION;
(B) ARTIFICIAL LIGHT SHALL BE PROVIDED SUFFICIENT FOR
THE PRISONERS TO READ OR WORK WITHOUT INJURY TO
EYESIGHT.
 RULES OF GENERAL APPLICATION
ACCOMMODATION
RULE 15 THE SANITARY INSTALLATIONS SHALL BE ADEQUATE
TO ENABLE EVERY PRISONER TO COMPLY WITH THE NEEDS
OF NATURE WHEN NECESSARY AND IN A CLEAN AND DECENT
MANNER.
 RULES OF GENERAL APPLICATION
ACCOMMODATION
RULE 16 ADEQUATE BATHING AND SHOWER INSTALLATIONS
SHALL BE PROVIDED SO THAT EVERY PRISONER CAN, AND
MAY BE REQUIRED TO, HAVE A BATH SHOWER, AT A
TEMPERATURE SUITABLE TO THE CLIMATE, AS FREQUENTLY
AS NECESSARY FOR GENERAL HYGIENE ACCORDING TO
SEASON AND GEOGRAPHICAL REGION, BUT AT LEAST ONCE
A WEEK IN A TEMPERATE CLIMATE.
RULES OF GENERAL APPLICATION
ACCOMMODATION
RULE 17 ALL PARTS OF A PRISON REGULARLY USED BY
PRISONERS SHALL BE PROPERLY MAINTAINED AND KEPT
SCRUPULOUSLY CLEAN AT ALL TIMES.
 RULES OF GENERAL APPLICATION
PERSONAL HYGIENE
RULE 18 PRISONERS SHALL BE REQUIRED TO KEEP THEIR
PERSONS CLEAN, AND TO THIS END THEY SHALL BE
PROVIDED WITH WATER AND WITH SUCH TOILET ARTICLES
AS ARE NECESSARY FOR HEALTH AND CLEANLINESS.
 RULES OF GENERAL APPLICATION
CLOTHING AND BEDDING
RULE 19 EVERY PRISONER WHO IS NOT ALLOWED TO WEAR
HIS HER OWN CLOTHING SHALL BE PROVIDED WITH AN
OUTFIT OF CLOTHING SUITABLE FOR THE CLIMATE AND
ADEQUATE TO KEEP HIM OR HER IN GOOD HEALTH. SUCH
CLOTHING SHALL IN NO MANNER BE DEGRADING OR
HUMILIATING.
 RULES OF GENERAL APPLICATION
CLOTHING AND BEDDING
RULE 20 IF PRISONERS ARE ALLOWED TO WEAR THEIR OWN
CLOTHING, ARRANGEMENTS SHALL BE MADE ON THEIR
ADMISSION TO THE PRISON TO ENSURE THAT IT SHALL BE
CLEAN AND FIT FOR USE.
 RULES OF GENERAL APPLICATION
CLOTHING AND BEDDING
RULE 21 EVERY PRISONER SHALL, IN ACCORDANCE WITH
LOCAL OR NATIONAL STANDARDS, BE PROVIDED WITH A
SEPARATE BED AND WITH SEPARATE AND SUFFICIENT
BEDDING WHICH SHALL BE CLEAN WHEN ISSUED, KEPT IN
GOOD ORDER AND CHANGED OFTEN ENOUGH TO ENSURE
ITS CLEANLINESS.
 RULES OF GENERAL APPLICATION
FOOD
RULE 22
1.EVERY PRISONERS SHALL BE PROVIDED BY THE PRISON
ADMINISTRATION AT THE USUAL HOURS WITH FOOD OF
NUTRITIONAL VALUE ADEQUATE FOR HEALTH AND
STRENGTH, OF WHOLESOME QUALITY AND WELL PREPARED
AND SERVED.
2.DRINKING WATER SHALL BE AVAILABLE TO EVERY
PRISONER WHENEVER HE OR SHE NEEDS IT. EXERCISE AND
SPORT
 RULES OF GENERAL APPLICATION
FOOD
RULE 22
1.EVERY PRISONERS SHALL BE PROVIDED BY THE PRISON
ADMINISTRATION AT THE USUAL HOURS WITH FOOD OF
NUTRITIONAL VALUE ADEQUATE FOR HEALTH AND
STRENGTH, OF WHOLESOME QUALITY AND WELL PREPARED
AND SERVED.
2.DRINKING WATER SHALL BE AVAILABLE TO EVERY
PRISONER WHENEVER HE OR SHE NEEDS IT. EXERCISE AND
SPORT
 RULES OF GENERAL APPLICATION
FOOD
RULE 23
1.EVERY PRISONER WHO IS NOT EMPLOYED IN OUTDOOR
WORK SHALL HAVE AT LEAST ONE HOUR OF SUITABLE
EXERCISE IN THE OPEN AIR DAILY IF THE WEATHER
PERMITS.
2.YOUNG PRISONERS, AND OTHERS SUITABLE AGE AND
PHYSIQUE, SHALL RECEIVE PHYSICAL AND RECREATIONAL
TRAINING DURING THE PERIOD OF EXERCISE. TO THIS END,
SPACE, INSTALLATIONS AND EQUIPMENT SHOULD BE
PROVIDED.
 RULES OF GENERAL APPLICATION
HEALTH-CARE SERVICES
RULE 24 THE PROVISION OF HEALTH CARE FOR PRISONERS
IS A STATE RESPONSIBILITY. PRISONERS SHOULD ENJOY
THE SAME STANDARDS OF HEALTH CARE THAT ARE
AVAILABLE IN THE COMMUNITY, AND SHOULD HAVE ACCESS
TO NECESSARY HEALTH-CARE SERVICES FREE OF CHARGE
WITHOUT DISCRIMINATION ON THE GROUNDS OF THEIR
LEGAL STATUS.
 RULES OF GENERAL APPLICATION
RESTRICTIONS, DISCIPLINE AND SANCTIONS
RULE 36 DISCIPLINE AND ORDER SHALL BE MAINTAINED
WITH NO MORE RESTRICTION THAN IS NECESSARY TO
ENSURE SAFE CUSTODY, THE SECURE OPERATION OF THE
PRISON AND A WELL ORDERED COMMUNITY LIFE.
RULES OF GENERAL APPLICATION
INSTRUMENTS OF RESTRAINTS
RULE 47 THE USE OF CHAINS, IRONS OR OTHER
INSTRUMENTS OF RESTRAINT WHICH ARE INHERENTLY
DEGRADING OR PAINFUL SHALL BE PROHIBITED.
 RULES OF GENERAL APPLICATION
SEARCHES OF PRISONERS AND CELLS
RULE 50 THE LAWS AND REGULATIONS GOVERNING
SEARCHES OF PRISONERS AND CELLS SHALL BE IN
ACCORDANCE WITH OBLIGATIONS UNDER INTERNATIONAL
LAW AND SHALL TAKE INTO ACCOUNT INTERNATIONAL
STANDARDS AND NORMS, KEEPING IN MIND THE NEED TO
ENSURE SECURITY IN THE PRISON. SEARCHES SHALL BE
CONDUCTED IN A MANNER THAT IS RESPECTFUL OF THE
INHERENT HUMAN DIGNITY AND PRIVACY OF THE
INDIVIDUAL BEING SEARCHED, AS WELL AS THE PRINCIPLES
OF PROPORTIONALITY, LEGALITY AND NECESSITY.
 RULES OF GENERAL APPLICATION
INFORMATION TO AND COMPLAINTS BY PRISONERS
RULE 54
UPON ADMISSION, EVERY PRISONER SHALL BE PROMPTLY
PROVIDED WITH WRITTEN INFORMATION ABOUT:

A.THE PRISON LAW AND APPLICABLE PRISON REGULATIONS;

 RULES OF GENERAL APPLICATION
INFORMATION TO AND COMPLAINTS BY PRISONERS
RULE 54
UPON ADMISSION, EVERY PRISONER SHALL BE PROMPTLY
PROVIDED WITH WRITTEN INFORMATION ABOUT:

B. HIS OR HER RIGHTS, INCLUDING AUTHORIZED METHODS

OF SEEKING INFORMATION, ACCESS TO LEGAL ADVICE,
INCLUDING THROUGH LEGAL AID SCHEMES, AND
PROCEDURES FOR MAKING A.REQUESTS OR COMPLAINTS;
 RULES OF GENERAL APPLICATION
INFORMATION TO AND COMPLAINTS BY PRISONERS
RULE 54
UPON ADMISSION, EVERY PRISONER SHALL BE PROMPTLY
PROVIDED WITH WRITTEN INFORMATION ABOUT:

C.HIS OR HER OBLIGATIONS, INCLUDING APPLICABLE

DISCIPLINARY SANCTIONS, AND (D) ALL OTHER MATTERS
NECESSARY TO ENABLE THE PRISONER TO ADAPT HIMSELF
OR HERSELF TO THE LIFE OF THE PRISON.
 RULES OF GENERAL APPLICATION
CONTACT WITH OUTSIDE WORLD
RULE 58

1.PRISONERS SHALL BE ALLOWED, UNDER NECESSARY

SUPERVISION, TO COMMUNICATE WITH THEIR FAMILY AND
FRIENDS AT REGULAR INTERVALS;
A.BY CORRESPONDING IN WRITING AND USING, WHERE
AVAILABLE, TELECOMMUNICATION, ELECTRONIC, DIGITAL AND
OTHER MEANS; AND
B.BY RECEIVING VISITS
 RULES OF GENERAL APPLICATION
BOOKS
RULE 64

EVERY PRISON SHALL HAVE A LIBRARY FOR THE USE OF ALL

CATEGORIES OF PRISONERS, ADEQUATELY STOCKED WITH
BOTH RECREATIONAL AND INSTRUCTIONAL BOOKS, AND
PRISONERS SHALL BE ENCOURAGED TO MAKE FULL USE OF IT.
 RULES OF GENERAL APPLICATION
RELIGION
RULE 65

IF THE PRISON CONTAINS A SUFFICIENT NUMBER OF

PRISONERS OF THE SAME RELIGION, A QUALIFIED
REPRESENTATIVE OF THAT RELIGION SHALL BE APPOINTED OR
APPROVED. IF THE NUMBER OF PRISONERS JUSTIFIES IT AND
CONDITIONS PERMIT, THE ARRANGEMENT SHOULD BE ON A
FULL-TIME BASIS.
 RULES OF GENERAL APPLICATION
RETENTION OF PRISONERS’ PROPERTY
RULE 67

ALL MONEY, VALUABLES, CLOTHING AND OTHER EFFECTS

BELONGING TO A PRISONER WHICH HE OR SHE IS NOT
ALLOWED TO RETAIN UNDER THE PRISON REGULATIONS SHALL
ON HIS OR HER ADMISSION TO THE PRISON BE PLACED IN
SAFE CUSTODY. AN INVENTORY THEREOF SHALL BE SIGNED BY
THE PRISONER. STEPS SHALL BE TAKEN TO KEEP THEM IN
GOOD CONDITION.
 RULES OF GENERAL APPLICATION
NOTIFICATIONS
RULE 68

EVERY PRISONER SHALL HAVE THE RIGHT AND SHALL BE GIVEN

THE ABILITY AND MEANS, TO INFORM IMMEDIATELY HIS OR
HER FAMILY, OR ANY OTHER PERSON DESIGNATED AS A
CONTACT PERSON, ABOUT HIS OR HER IMPRISONMENT, ABOUT
HIS OR HER TRANSFER TO ANOTHER INSTITUTION AND ABOUT
ANY SERIOUS ILLNESS OR INJURY. THE SHARING OF
PRISONERS PERSONAL INFORMATION SHALL BE SUBJECT TO
DOMESTIC LEGISLATION.
 RULES OF GENERAL APPLICATION
INVESTIGATIONS
RULE 71
NOTWITHSTANDING THE INITIATION OF AN INTERNAL
INVESTIGATION, THE PRISON DIRECTOR SHALL REPORT,
WITHOUT DELAY, ANY CUSTODIAL DEATH, DISAPPEARANCE OR
SERIOUS INJURY TO A JUDICIAL OR OTHER COMPETENT
AUTHORITY THAT IS INDEPENDENT OF THE PRISON
ADMINISTRATION AND MANDATED TO CONDUCT PROMPT,
IMPARTIAL AND EFFECTIVE INVESTIGATIONS INTO THE
CIRCUMSTANCES AND CAUSES OF SUCH CASES. THE PRISON
ADMINISTRATION SHALL FULLY COOPERATE WITH THAT
AUTHORITY AND ENSURE THAT ALL EVIDENCE IS PRESERVED.
 RULES OF GENERAL APPLICATION
REMOVAL OF PRISONERS
RULE 73
1.WHEN PRISONERS ARE BEING REMOVED TO OR FROM AN
INSTITUTION THEY SHALL BE EXPOSED TO PUBLIC VIEW AS LITTLE AS
POSSIBLE AND PROPER SAFEGUARDS SHALL BE ADOPTED TO PROTECT
THEM FROM INSULT, CURIOSITY AND PUBLICITY IN ANY FORM.
2.THE TRANSPORT OF PRISONERS IN CONVEYANCES WITH
INADEQUATE VENTILATION OR LIGHT, OR IN ANY WHICH WOULD
SUBJECT THEM TO UNNECESSARY PHYSICAL HARDSHIP, SHALL BE
PROHIBITED.
3.THE TRANSPORT OF PRISONERS SHALL BE CARRIED OUT AT THE
EXPENSE OF THE PRISON ADMINISTRATION AND EQUAL CONDITIONS
SHALL APPLY TO ALL OF THEM.
 RULES OF GENERAL APPLICATION
INSTITUTIONAL PERSONNEL
RULE 74 THE PRISON ADMINISTRATION SHALL PROVIDE
FOR THE CAREFUL SELECTION OF EVERY GRADE OF THE
PERSONNEL, SINCE IT IS ON THEIR INTEGRITY, HUMANITY,
PROFESSIONAL CAPACITY AND PERSONAL SUITABILITY FOR
THE WORK THAT THE PROPER ADMINISTRATION OF PRISON
DEPENDS.
 RULES OF GENERAL APPLICATION
INTERNAL AND EXTERNAL INSPECTIONS
RULE 83
1.THERE SHALL BE A TWOFOLD SYSTEM FOR REGULAR
INSPECTIONS OF PRISONS AND PENAL SERVICES.

A.INTERNAL OR ADMINISTRATIVE INSPECTIONS

CONDUCTED BY THE CENTRAL PRISON ADMINISTRATION;
 RULES OF GENERAL APPLICATION
INTERNAL AND EXTERNAL INSPECTIONS
RULE 83
1.THERE SHALL BE A TWOFOLD SYSTEM FOR REGULAR
INSPECTIONS OF PRISONS AND PENAL SERVICES.

B.EXTERNAL INSPECTIONS CONDUCTED BY A BODY

INDEPENDENT OF THE PRISON ADMINISTRATION, WHICH
MAY INCLUDE COMPETENT INTERNATIONAL OR REGIONAL
BODIES.
 RULES OF GENERAL APPLICATION
INTERNAL AND EXTERNAL INSPECTIONS
RULE 83
2.IN BOTH CASES, THE OBJECTIVE OF THE INSPECTIONS
SHALL BE TO ENSURE THAT PRISONS ARE MANAGED IN
ACCORDANCE WITH EXISTING LAWS, REGULATIONS,
POLICIES AND PROCEDURES, WITH A VIEW TO BRINGING
ABOUT THE OBJECTIVES OF PENAL AND CORRECTIONS
SERVICES, AND THAT THE RIGHTS OF PRISONERS ARE
PROTECTED.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES

Rule 86

The guiding principles hereafter are intended to show

spirit in which penal institutions should be
administered and the purposes at which they should
aim, in accordance with the declaration made under
preliminary observation 1 of these rules.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
TREATMENT

Rule 91
The treatment of persons sentenced to imprisonment
or a similar measure shall have as its purpose, so far
as the length of the sentence permits, to establish in
them the will to lead law-abiding and self-supporting
lives after their release and to fit them to do so. The
treatment shall be such as will encourage their self-
respect and develop their
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
CLASSIFICATION AND INDIVIDUALIZATION

Rule 93

1.The purpose of classification shall be:

a.To separate from others those prisoners who, by
reason of their criminal records or characters, are likely
to exercise a bad influence;
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
CLASSIFICATION AND INDIVIDUALIZATION

Rule 93

1.The purpose of classification shall be:

B.To divide the prisoners into classes in order to
facilitate their treatment with a view to their social
rehabilitation.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
CLASSIFICATION AND INDIVIDUALIZATION

Rule 93

2.So far as possible, separate prisons or separate

sections of a prison shall be used for the treatment of
different classes of prisoners.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
PRIVILEGES

Rule 95

Systems of privileges appropriate for the different

classes of prisoners and the different methods of
treatment shall be established at every prison, in order
to encourage good conduct, develop a sense of
responsibility and secure the interest and cooperation
of prisoners in their treatment.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
WORK

Rule 96

Sentenced prisoners shall have the opportunity to work

and or to actively participate in their rehabilitation,
subject to a determination of physical and mental
fitness by a physician or other qualified health-care
professionals.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
EDUCATION AND RECREATION

Rule 104
Provision shall be made for the further education of the
prisoners capable of profiting thereby, including
religious instruction in the countries where this is
possible. The education of illiterate prisoners and of
young prisoners shall be compulsory and special
attention shall be paid to it by the prison
administration.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
SOCIAL RELATIONS AND AFTERCARE

Rule 106

Special attention shall be paid to the maintenance and

improvement of such relations
 RULES APPLICABLE TO SPECIAL
CATEGORIES
B. PRISONERS UNDER SENTENCE GUIDING PRINCIPLES
RULE 109

PERSONS WHO ARE FOUND TO BE NOT CRIMINALLY

RESPONSIBLE OR WHO ARE LATER DIAGNOSED WITH SEVERE
MENTAL DISABILITIES AND/ OR HEALTH CONDITIONS, FOR
WHOM STAYING IN PRISON WOULD MEAN AN
EXACERBATION OF THEIR CONDITION, SHALL NOT BE
DETAINED IN PRISONS, AND ARRANGEMENTS SHALL BE
MADE TO TRANSFER THEM TO MENTAL HEALTH FACILITIES
AS SOON AS POSSIBLE.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
C. PRISONERS UNDER ARREST OR AWAITING TRIAL
RULE 111

1.PERSONS ARRESTED OR IMPRISONED BY REASON OF A

CRIMINAL CHARGE AGAINST THEM, WHO ARE DETAINED
EITHER IN POLICE CUSTODY OR IN PRISON CUSTODY (JAIL)
BUT HAVE NOT YET BEEN TRIED AND SENTENCED, WILL BE
REFERRED TO AS “UNTRIED PRISONERS” HEREINAFTER IN
THESE RULES.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
C. PRISONERS UNDER ARREST OR AWAITING TRIAL
RULE 111

2.UNCONVICTED PRISONERS ARE PRESUMED TO BE

INNOCENT AND SHALL BE TREATED AS SUCH.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
C. PRISONERS UNDER ARREST OR AWAITING TRIAL
RULE 111

3.WITHOUT PREJUDICE TO LEGAL RULES FOR THE

PROTECTION OF INDIVIDUAL LIBERTY OR PRESCRIBING THE
PROCEDURE TO BE OBSERVED IN RESPECT OF UNTRIED
PRISONERS, THESE PRISONERS SHALL BENEFIT FROM A
SPECIAL REGIME WHICH IS DESCRIBED IN THE FOLLOWING
RULES IN ITS ESSENTIAL REQUIREMENTS ONLY.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
D. CIVIL PRISONERS
RULE 121
IN COUNTRIES WHERE THE LAW PERMITS IMPRISONMENT
FOR DEBT, OR BY ORDER OF THE COURT UNDER ANY OTHER
NON-CRIMINAL PROCESS, PERSONS SO IMPRISONED SHALL
NOT BE SUBJECTED TO ANY GREATER RESTRICTION OR
SEVERITY THAN IS NECESSARY TO ENSURE SAFE CUSTODY
AND GOOD ORDER. THEIR TREATMENT SHALL BE NOT LESS
FAVOURABLE THAN THAT OF UNTRIED PRISONERS, WITH
RESERVATION, HOWEVER, THAT THEY MAY POSSIBLY BE
REQUIRED TO WORK.
 RULES APPLICABLE TO SPECIAL
CATEGORIES
E. PERSONS ARRESTED OR DETAINED WITHOUT CHARGE
RULE 122

WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 9 OF THE

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, PERSONS
ARRESTED OR IMPRISONED WITHOUT CHARGE SHALL BE ACCORDED THE
SAME PROTECTION AS THAT ACCORDED UNDER PART I AND PART II,
SECTION C, OF THESE RULES. RELEVANT PROVISIONS OF PART II, SECTION
A, OF THESE RULES SHALL LIKEWISE BE APPLICABLE WHERE THEIR
APPLICATION MAY BE CONDUCIVE TO THE BENEFIT OF THIS SPECIAL
GROUP OF PERSONS IN CUSTODY, PROVIDED THAT NO MEASURE SHALL BE
TAKEN IMPLYING THAT RE-EDUCATION OR REHABILITATION IS IN ANY WAY
APPROPRIATE TO PERSONS NOT CONVICTED OF ANY CRIMINAL OFFENCE.
 CRI 416

END OF
ULOa

PART 5
Prof. M