Nelson Mandela Rules (Unsmtrp)
Nelson Mandela Rules (Unsmtrp)
(a) Precise information enabling determination of his or her unique (f) Information on the circumstances and causes of any injuries or death
identity, respecting his or her self-perceived gender; and, in the case of the latter, the destination of the remains
(b) The reasons for his or her commitment and the responsible authority, Rule 9
in addition to the date, time and place of arrest,
All records referred to in rules 7 and 8 shall be kept confidential and
(c) The day and hour of his or her admission and release as well as of any made available only to those whose professional responsibilities require
transfer: access to such records. Every prisoner shall be granted access to the
records pertaining to him or her, subject to redactions authorized under
(d) Any visible injuries and complaints about prior ill-treatment; domestic legislation, and shall be entitled to receive an official copy of
such records upon his or her release.
lel An inventory of his or her personal property:
Rule 10
(1) The names of his or her family members, including, where applicable,
his or her children, the children's ages, location and custody or Prisoner file management systems shall also be used to generate reliable
guardianship status; data about trends relating to and characteristics of the prison
population, including occupancy rates, in order to create a basis for
(g) Emergency contact details and information on the prisoner's next of evidence-based decision-making.
kin.
Separation of categories
Rule 8
Rule 11
The following information shall be entered in the prisoner file
management system in the course of imprisonment, where applicable: The different categories of prisoners shall be kept in separate institutions
or parts of institutions, taking account of their sex, age, criminal record,
(a) Information related to the judicial process, including dates of court the legal reason for their detention and the necessities of their
hearings and legal representation; treatment; thus:
(a) Men and women shall so far as possible be detained in separate (a) The windows shall be large enough to enable the prisoners to read or
institutions; in an institution which receives both men and women, the work by natural light and shall be so constructed that they can allow the
whole of the premises allocated to women shall be entirely separate; entrance of fresh air whether or not there is artificial ventilation;
(b) Untried prisoners shall be kept separate from convicted prisoners; (b) Artificial light shall be provided sufficient for the prisoners to read or
work without injury to eyesight.
(c) Persons imprisoned for debt and other civil prisoners shall be kept
separate from persons imprisoned by reason of a criminal offence; Rule 15
(d) Young prisoners shall be kept separate from adults The sanitary installations shall be adequate to enable every prisoner to
comply with the needs of nature when necessary and in a clean and
Accommodation decent manner.
Rule 12 Rule 16
1. Where sleeping accommodation is in individual cells or rooms, each Adequate bathing and shower installations shall be provided so that
prisoner shall occupy by night a cell or room by himself or herself. If for every prisoner can, and may be required to, have a bath or shower, at a
special reasons, such as temporary overcrowding, it becomes necessary temperature suitable to the climate, as frequently as necessary for
for the central prison administration to make an exception to this rule, it general hygiene. according to season and geographical region, but at
is not desirable to have two prisoners in a cell or room least once a week in a temperate climate.
2. Where dormitories are used, they shall be occupied by prisoners Rule 17
carefully selected as being suitable to associate with one another in
those conditions There shall be regular supervision by night, in keeping All parts of a prison regularly used by prisoners shall be properly
with the nature of the prison maintained and kept scrupulously clean at all times.
All accommodation provided for the use of prisoners and in particular all Rule 18
sleeping accommodation shall meet all requirements of health, due
regard being paid to climatic conditions and particularly to cubic content 1 Prisoners shall be required to keep their persons clean, and to this end
of air, minimum floor space, lighting, heating and ventilation. they shall be provided with water and with such toilet articles as are
necessary for health and cleanliness.
Rule 14
2. In order that prisoners may maintain a good appearance compatible
In all places where prisoners are required to live or work: with their self-respect, facilities shall be provided for the proper care of
the hair and beard, and men shall be able to shave regularly.
Clothing and bedding 2. Drinking water shall be available to every prisoner whenever he or she
needs it.
Rule 19
Exercise and sport
1. Every prisoner who is not allowed to wear his or her own clothing shall
be provided with an outfit of clothing suitable for the climate and Rule 23
adequate to keep him or her in good health. Such clothing shall in no
manner be degrading or humiliating. 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
2. All clothing shall be clean and kept in proper condition. Underclothing permits.
shall be changed and washed as often as necessary for the maintenance
of hygiene. 2. Young prisoners, and others of suitable age and physique, shall receive
physical and recreational training during the period of exercise. To this
3 In exceptional circumstances, whenever a prisoner is removed outside end, space, installations and equipment should be provided.
the prison for an authorized purpose, he or she shall be allowed to wear
his or her own clothing or other inconspicuous clothing. Health-care services
Rule 20 Rule 24
If prisoners are allowed to wear their own clothing, arrangements shall 1. The provision of health care for prisoners is a State responsibility.
be made on their admission to the prison to ensure that it shall be clean Prisoners should enjoy the same standards of health care that are
and fit for use available in the community, and should have access to necessary health-
care services free of charge without discrimination on the grounds of
Rule 21 their legal status.
Every prisoner shall, in accordance with local or national standards, be 2. Health-care services should be organized in close relationship to the
provided with a separate bed and with separate and sufficient bedding general public health administration and in a way that ensures continuity
which shall be clean when issued, kept in good order and changed often of treatment and care, including for HIV, tuberculosis and other
enough to ensure its cleanliness. infectious diseases, as well as for drug dependence.
Food Rule 25
Rule 22 1. Every prison shall have in place a health-care service tasked with
evaluating, promoting, protecting and improving the physical and mental
1. Every prisoner shall be provided by the prison administration at the health of prisoners, paying particular attention to prisoners with special
usual hours with food of nutritional value adequate for health and health-care needs or with health issues that hamper their rehabilitation.
strength, of wholesome quality and well prepared and served.
2. The health-care service shall consist of an interdisciplinary team with Rule 29
sufficient qualified personnel acting in full clinical independence and
shall encompass sufficient expertise in psychology and psychiatry The 1. A decision to allow a child to stay with his or her parent in prison shall
services of a qualified dentist shall be available to every prisoner. be based on the best interests of the child concerned. Where children
are allowed to remain in prison with a parent, provision shall be made
Rule 26 for:
1. The health-care service shall prepare and maintain accurate, up-to- (a) Internal or external childcare facilities staffed by qualified persons,
date and confidential individual medical files on all prisoners, and all where the children shall be placed when they are not in the care of their
prisoners should be granted access to their files upon request. A prisoner parent;
may appoint a third party to access his or her medical file
(b) Child-specific health-care services, including health screenings upon
2. Medical files shall be transferred to the health-care service of the admission and ongoing monitoring of their development by specialists.
receiving institution upon transfer of a prisoner and shall be subject to
medical confidentiality. 2. Children in prison with a parent shall never be treated as prisoners.
Rule 27 Rule 30
1. All prisons shall ensure prompt access to medical attention in urgent A physician or other qualified health-care professionals, whether or not
cases. Prisoners who require specialized treatment or surgery shall be they are required to report to the physician, shall see, talk with and
transferred to specialized institutions or to civil hospitals. Where a prison examine every prisoner as soon as possible following his or her
service has its own hospital facilities, they shall be adequately staffed admission and thereafter as necessary Particular attention shall be paid
and equipped to provide prisoners referred to them with appropriate to:
treatment and care.
(a) Identifying health-care needs and taking all necessary measures for
2. Clinical decisions may only be taken by the responsible health-care treatment;
professionals and may not be overruled or ignored by non-medical
(b) Identifying any ill-treatment that arriving prisoners may have been
prison staff
subjected to prior to admission;
Rule 28
(c) Identifying any signs of psychological or other stress brought on by
In women's prisons, there shall be special accommodation for all the fact of imprisonment, including, but not limited to, the risk of suicide
necessary prenatal and postnatal care and treatment. Arrangements or self-harm and withdrawal symptoms resulting from the use of drugs,
shall be made wherever practicable for children to be born in a hospital medication or alcohol; and undertaking all appropriate individualized
outside the prison. If a child is born in prison, this fact shall not be measures or treatment;
mentioned in the birth certificate.
(d) In cases where prisoners are suspected of having contagious diseases, be detrimental to a prisoner's health, such as the removal of a prisoner's
providing for the clinical isolation and adequate treatment of those cells, body tissues or organs.
prisoners during the infectious period;
2. Without prejudice to paragraph 1 [d] of this rule, prisoners may be
(e) Determining the fitness of prisoners to work, to exercise and to allowed, upon their free and informed consent and in accordance with
participate in other activities, as appropriate. applicable law, to participate in clinical trials and other health research
accessible in the community if these are expected to produce a direct
Rule 31 and significant benefit to their health, and to donate cells, body tissues
or organs to a relative.
The physician or, where applicable, other qualified health-care
professionals shall have daily access to all sick prisoners, all prisoners Rule 33
who complain of physical or mental health issues or injury and any
prisoner to whom their attention is specially directed. All medical The physician shall report to the prison director whenever he or she
examinations shall be undertaken. in full confidentiality. considers that a prisoner's physical or mental health has been or will be
injuriously affected by continued imprisonment or by any condition of
Rule 32 imprisonment.
1. The relationship between the physician or other health-care Rule 34
professionals and the prisoners shall be governed by the same ethical
and professional standards as those applicable to patients in the If, in the course of examining a prisoner upon admission or providing
community, in particular: medical care to the prisoner thereafter, health-care professionals
become aware of any signs of torture or other cruel, inhuman or
(a) The duty of protecting prisoners physical and mental health and the degrading treatment or punishment, they shall document and report
prevention and treatment of disease on the basis of clinical grounds such cases to the competent medical, administrative or judicial
only: authority. Proper procedural safeguards shall be followed in order not to
expose the prisoner or associated persons to foreseeable risk of harm.
(b) Adherence to prisoners autonomy with regard to their own health
and informed consent in the doctor-patient relationship; Rule 35
(c) The confidentiality of medical information, unless maintaining such 1. The physician or competent public health body shall regularly inspect
confidentiality would result in a real and imminent threat to the patient and advise the prison director on:
or to others;
(a) The quantity, quality, preparation and service of food:
(d) An absolute prohibition on engaging, actively or passively, in acts that
may constitule torture or other cruel, inhuman or degrading treatment (b) The hygiene and cleanliness of the institution and the prisoners;
or punishment, including medical or scientific experimentation that may
(c) The sanitation, temperature, lighting and ventilation of the prison;
(d) The suitability and cleanliness of the prisoners' clothing and bedding: the maintenance of order and security, including promulgating policies
and procedures governing the use and review of, admission to and
(e) The observance of the rules concerning physical education and release from any form of involuntary separation.
sports, in cases where there is no technical personnel in charge of these
activities. Rule 38
2. The prison director shall take into consideration the advice and reports 1. Prison administrations are encouraged to use, to the extent possible,
provided in accordance with paragraph 1 of this rule and rule 33 and conflict prevention, mediation or any other alternative dispute resolution
shall take immediate steps to give effect to the advice and the mechanism to prevent disciplinary offences or to resolve conflicts
recommendations in the reports. If the advice or recommendations do
not fall within the prison director's competence or if he or she does not 2. Forprisoners who are, or have been, separated, the prison
concur with them, the director shall immediately submit to a higher administration shall take the necessary measures to alleviate the
authority his or her own report and the advice or recommendations of potential detrimental effects of their confinement on them and on their
the physician or competent public health body. community following their release from prison.
2. This rule shall not, however, impede the proper functioning of systems Rule 43
based on self-government, under which specified social, educational or
sports activities or responsibilities are entrusted, under supervision, to 1. In no circumstances may restrictions or disciplinary sanctions amount
prisoners who are formed into groups for the purposes of treatment. to torture or other cruel, inhuman or degrading treatment or
punishment. The following practices, in particular, shall be prohibited:
Rule 41
(a) Indefinite solitary confinement;
1. Any allegation of a disciplinary offence by a prisoner shall be reported
promptly to the competent authority, which shall investigate it without (b) Prolonged solitary confinement;
undue delay
(c) Placement of a prisoner in a dark or constantly lit cell;
2. Prisoners shall be informed, without delay and in a language that they
(d) Corporal punishment or the reduction of a prisoner's diet or drinking
understand, of the nature of the accusations against them and shall be
water;
given adequate time and facilities for the preparation of their defence.
(e) Collective punishment
3. Prisoners shall be allowed to defend themselves in person, or through
legal assistance when the interests of justice so require, particularly in 2 Instruments of restraint shall never be applied as a sanction for
cases involving serious disciplinary charges. If the prisoners do not disciplinary offences.
understand or speak the language used at a disciplinary hearing, they
shall be assisted by a competent interpreter free of charge. 3. Disciplinary sanctions or restrictive measures shall not include the
prohibition of family contact. The means of family contact may only be
4. Prisoners shall have an opportunity to seek judicial review of restricted for a limited time period and as strictly required for the
disciplinary sanctions imposed against them, maintenance of security and order
5. In the event that a breach of discipline is prosecuted as a crime, Rule 44
prisoners shall be entitled to all due process guarantees applicable to
criminal proceedings, including unimpeded access to a legal adviser. For the purpose of these rules, solitary confinement shall refer to the
confinement of prisoners for 22 hours or more a day without meaningful
Rule 42 human contact. Prolonged solitary confinement shall refer to solitary
confinement for a time period in excess of 15 consecutive days.
General living conditions addressed in these rules, including those
related to light, ventilation, temperature, sanitation, nutrition, drinking Rule 45
water, access to open air and physical exercise, personal hygiene, health
1. Solitary confinement shall be used only in exceptional cases as a last custodial Measures for Women Offenders Ithe Bangkok Rules)
resort, for as short a time as possible and subject to independent review, (resolution 65/229, annex).
and only pursuant to the authorization by a competent authority. It shall
not be imposed by virtue of a prisoner's sentence. Instruments of restraint
3. Health-care personnel shall have the authority to review and (a) Instruments of restraint are to be imposed only when no lesser form
recommend changes to the involuntary separation of a prisoner in order of control would be effective to address the risks posed by unrestricted
to ensure that such separation does not exacerbate the medical movement;
condition or mental or physical disability of the prisoner.
(b) The method of restraint shall be the least intrusive method that is
2 See rule 67 of the United Nations Rules for the Protection of Juveniles necessary and reasonably available to control the prisoner's movement,
Deprived of their Liberty Iresolution 45/113, annex); and rule 22 of the based on the level and nature of the risks posed;
United Nations Rules for the Treatment of Women Prisoners and Non-
(c) Instruments of restraint shall be imposed only for the time period 1. Intrusive searches, including strip and body cavity searches, should be
required, and they are to be removed as soon as possible after the risks undertaken only if absolutely necessary. Prison administrations shall be
pased by unrestricted movement are no longer present encouraged to develop and use appropriate alternatives to intrusive
searches Intrusive searches shall be conducted in private and by trained
2. Instruments of restraint shall never be used on women during labour, staff of the same sex as the prisoner.
during childbirth and immediately after childbirth.
2. Body cavity searches shall be conducted only by qualified health-care
Rule 49 professionals other than those primarily responsible for the care of the
prisoner or, at a minimum, by staff appropriately trained by a medical
The prison administration should seek access to, and provide training in
professional in standards of hygiene, health and safety.
the use of, control techniques that would obviate the need for the
imposition of instruments of restraint or reduce their intrusiveness Rule 53
Searches of prisoners and cells Prisoners shall have access to, or be allowed to keep in their possession
without access by the prison administration, documents relating to their
Rule 50
legal proceedings.
The laws and regulations governing searches of prisoner's and cells shall
Information to and complaints by prisoners
be in accordance with obligations under international law and shall take
into account international standards and norms, keeping in mind the Rule 54
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 Upon admission, every prisoner shall be promptly provided with written
the individual being searched, as well as the principles of proportionality, information about:
legality and necessity
(a) The prison law and applicable prison regulations;
Rule 51
(b) His or her rights, including authorized methods of seeking
Searches shall not be used to harass, intimidate or unnecessarily intrude information, access to legal advice, including through legal aid schemes,
upon a prisoner's privacy. For the purpose of accountability, the prison and procedures for making requests or complaints:
administration shall keep appropriate records of searches, in particular
strip and body cavity searches and searches of cells, as well as the (c) His or her obligations, including applicable disciplinary sanctions; and
reasons for the searches, the identities of those who conducted them
(d) All other matters necessary to enable the prisoner to adapt himself or
and any results of the searches..
herself to the life of the prison.
Rule 52
Rule 55
1. The information referred to in rule 54 shall be available in the most 1. Every request or complaint shall be promptly dealt with and replied to
commonly used languages in accordance with the needs of the prison without delay. If the request or complaint is rejected, or in the event of
population. If a prisoner does not understand any of those languages, undue delay, the complainant shall be entitled to bring it before a
interpretation assistance should be provided. judicial or other authority.
2. If a prisoner is illiterate, the information shall be conveyed to him or 2. Safeguards shall be in place to ensure that prisoners can make
her orally. Prisoners with sensory disabilities should be provided with requests or complaints safely and, if so requested by the complainant, in
information in a manner appropriate to their needs. a confidential manner. A prisoner or other person mentioned in
paragraph 4 of rule 56 must not be exposed to any risk of retaliation,
3. The prison administration shall prominently display summaries of the intimidation or other negative consequences as a result of having
information in common areas of the prison. submitted a request or complaint.
Rule 56 3. Allegations of torture or other cruel, inhuman or degrading treatment
or punishment of prisoners shall be dealt with immediately and shall
1. Every prisoner shall have the opportunity each day to make requests
result in a prompt and impartial investigation conducted by an
or complaints to the prison director or the prison staff member
independent national authority in accordance with paragraphs 1 and 2 of
authorized to represent him or her.
rule 71.
2. It shall be possible to make requests or complaints to the inspector of
Contact with the outside world
prisons during his or her inspections. The prisoner shall have the
opportunity to talk to the inspector or any other inspecting officer freely Rule 58
and in full confidentiality, without the director or other members of the
staff being present. 1. Prisoners shall be allowed, under necessary supervision, to communi-
cate with their family and friends at regular intervals:
3. Every prisoner shall be allowed to make a request or complaint
regarding his or her treatment, without censorship as to substance, to (a) By corresponding in writing and using, where available, telecom-
the central prison administration and to the judicial or other competent munication, electronic, digital and other means; and
authorities, including those vested with reviewing or remedial power.
(b) By receiving visits.
4. The rights under paragraphs 1 to 3 of this rule shall extend to the legal
adviser of the prisoner. In those cases where neither the prisoner nor his 2. Where conjugal visits are allowed, this right shall be applied without
or her legal adviser has the possibility of exercising such rights, a discrimination, and women prisoners shall be able to exercise this right
member of the prisoner's family or any other person who has knowledge on an equal basis with men. Procedures shall be in place and premises
of the case may do so. shall be made available to ensure fair and equal access with due regard
to safety and dignity.
Rule 57
Rule 59
Prisoners shall be allocated, to the extent possible, to prisons close to 2. Prisoners who are nationals of States without diplomatic or consular
their homes or their places of social rehabilitation. representation in the country and refugees or stateless persons shall be
allowed similar facilities to communicate with the diplomatic
Rule 60 representative of the State which takes charge of their interests or any
national or international authority whose task it is to protect such
1. Admission of visitors to the prison facility is contingent upon the
persons.
visitor's consent to being searched. The visitor may withdraw his or her
consent at any time, in which case the prison administration may refuse Rule 63
access
Prisoners shall be kept informed regularly of the more important items
2 Search and entry procedures for visitors shall not be degrading and of news by the reading of newspapers, periodicals or special institutional
shall be governed by principles at least as protective as those outlined in publications, by hearing wireless transmissions, by lectures or by any
rules 50 to 52. Body cavity searches should be avoided and should not be similar means as authorized or controlled by the prison administration
applied to children.
Books
Rule 61
Rule 64
1 Prisoners shall be provided with adequate opportunity, time and
facilities to be visited by and to communicate and consult with a legal Every prison shall have a library for the use of all categories of prisoners,
adviser of their own choice or a legal aid provider, without delay, adequately stocked with both recreational and instructional books, and
interception or censorship and in full confidentiality, on any legal matter, prisoners shall be encouraged to make full use of it.
in conformity with applicable domestic law. Consultations may be within
sight, but not within hearing, of prison staff Religion
2. In cases in which prisoners do not speak the local language, the prison Rule 65
administration shall facilitate access to the services of an independent
1. If the prison contains a sufficient number of prisoners of the same
competent interpreter..
religion, a qualified representative of that religion shall be appointed or
3. Prisoners should have access to effective legal aid. approved If the number of prisoners justifies it and conditions permit,
the arrangement should be on a full-time basis
Rule 62
2. A qualified representative appointed or approved under paragraph 1
1. Prisoners who are foreign nationals shall be allowed reasonable of this rule shall be allowed to hold regular services and to pay pastoral
facilities to communicate with the diplomatic and consular visits in private to prisoners of his or her religion at proper times.
representatives of the State to which they belang
3. Access to a qualified representative of any religion shall not be refused
to any prisoner On the other hand, if any prisoner should object to a visit
of any religious representative, his or her attitude shall be fully Every prisoner shall have the right, and shall be given the ability and
respected. means, to inform immediately his or her family, or any other person
designated as a contact person, about his or her imprisonment, about his
Rule 66 or her transfer to another institution and about any serious illness or
injury. The sharing of prisoners' personal information shall be subject to
So far as practicable, every prisoner shall be allowed to satisfy the needs
domestic legislation.
of his or her religious life by attending the services provided in the prison
and having in his or her possession the books of religious observance and Rule 69
instruction of his or her denomination
In the event of a prisoner's death, the prison director shall at once
Retention of prisoners' property inform the prisoner's next of kin or emergency contact. Individuals
designated by a prisoner to receive his or her health information shall be
Rule 67
notified by the director of the prisoner's serious illness, injury or transfer
1. All money, valuables, clothing and other effects belonging to a to a health institution. The explicit request of a prisoner not to have his
prisoner which he or she is not allowed to retain under the prison or her spouse or nearest relative notified in the event of illness or injury
regulations shall on his or her admission to the prison be placed in safe shall be respected
custody. An inventory thereof shall be signed by the prisoner. Steps shall
Rule 70
be taken to keep them in good condition.
The prison administration shall inform a prisoner at once of the serious
2. On the release of the prisoner, all such articles and money shall be
illness or death of a near relative or any significant other. Whenever
returned to him or her except in so far as he or she has been authorized
circumstances allow, the prisoner should be authorized to go, either
to spend money or send any such property out of the prison, or it has
under escort or alone, to the bedside of a near relative or significant
been found necessary on hygienic grounds to destroy any article of
other who is critically ill, or to attend the funeral of a near relative or
clothing. The prisoner shall sign a receipt for the articles and money
significant other.
returned to him or her.
Investigations
3. Any money or effects received for a prisoner from outside shall be
treated in the same way Rule 71
4 If a prisoner brings in any drugs or medicine, the physician or other 1. Notwithstanding the initiation of an internal investigation, the prison
qualified health-care professionals shall decide what use shall be made director shall report, without delay, any custodial death, disappearance
of them. or serious injury to a judicial or other competent authority that is
independent of the prison administration and mandated to conduct
Notifications
prompt, impartial and effective investigations into the circumstances and
Rule 68
causes of such cases. The prison administration shall fully cooperate with 3. The transport of prisoners shall be carried out at the expense of the
that authority and ensure that all evidence is preserved prison administration and equal.conditions shall apply to all of them.
2 The obligation in paragraph 1 of this rule shall equally apply whenever Institutional personnel
there are reasonable grounds to believe that an act of torture or other
cruel, inhuman or degrading treatment or punishment has been Rule 74
committed in prison, irrespective of whether a formal complaint has
1. The prison administration shall provide for the careful selection of
been received.
every grade of the personnel, since it is on their integrity, humanity,
3. Whenever there are reasonable grounds to believe that an act professional capacity and personal suitability for the work that the
referred to in paragraph 2 of this rule has been committed, steps shall be proper administration of prisons depends.
taken immediately to ensure that all potentially implicated persons have
2. The prison administration shall constantly seek to awaken and
no involvement in the investigation and no contact with the witnesses,
maintain in the minds both of the personnel and of the public the
the victim or the victim's family.
conviction that this work is a social service of great importance, and to
Rule 72 this end all appropriate means of informing the public should be used.
The prison administration shall treat the body of a deceased prisoner 3. To secure the foregoing ends, personnel shall be appointed on a full-
with respect and dignity The body of a deceased prisoner should be time basis as professional prison staff and have civil service status with
returned to his or her next of kin as soon as reasonably possible, at the security of tenure subject only to good conduct, efficiency and physical
latest upon completion of the investigation. The prison administration fitness. Salaries shall be adequate to attract and retain suitable men and
shall facilitate a culturally appropriate funeral if there is no other women; employment benefits and conditions of service shall be
responsible party willing or able to do so and shall keep a full record of favourable in view of the exacting nature of the work.
the matter.
Rule 75
Removal of prisoners
1. All prison staff shall possess an adequate standard of education and
Rule 73 shall be given the ability and means to carry out their duties in a
professional manner.
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 2. Before entering on duty, all prison staff shall be provided with training
shall be adopted to protect them from insult, curiosity and publicity in tailored to their general and specific duties, which shall be reflective of
any form. contemporary evidence-based best practice in penal sciences Only those
candidates who successfully pass the theoretical and practical tests at
2. The transport of prisoners in conveyances with inadequate ventilation the end of such training shall be allowed to enter the prison service.
or light, or in any way which would subject them to unnecessary physical
hardship, shall be prohibited.
3. The prison administration shall ensure the continuous provision of in All prison staff shall at all times so conduct themselves and perform their
service training courses with a view to maintaining and improving the duties as to influence the prisoners for good by their example and to
knowledge and professional capacity of its personnel, after entering on command their respect
duty and during their career.
Rule 78
Rule 76
1. So far as possible, prison staff shall include a sufficient number of
1. Training referred to in paragraph 2 of rule 75 shall include, at a specialists such as psychiatrists, psychologists, social workers, teachers
minimum, and trade instructors.
training on: 2. The services of social workers, teachers and trade instructors shall be
secured on a permanent basis, without thereby excluding part-time or
(a) Relevant national legislation, regulations and policies, as well as voluntary workers.
applicable international and regional instruments, the provisions of
which must guide the work and interactions of prison staff with Inmates: Rule 79
(b) Rights and duties of prison staff in the exercise of their functions, 1. The prison director should be adequately qualified for his or her task
including respecting the human dignity of all prisoners and the by character, administrative ability, suitable training and experience.
prohibition of certain conduct, in particular torture and other cruel,
inhuman or degrading treatment or punishment; 2. The prison director shall devote his or her entire working time to
official duties and shall not be appointed on a part-time basis. He or she
(c) Security and safety, including the concept of dynamic security, the shall reside on the premises of the prison or in its immediate vicinity.
use of force and instruments of restraint, and the management of violent
offenders, with due consideration of preventive and defusing techniques, 3. When two or more prisons are under the authority of one director, he
such as negotiation and mediation: or she shall visit each of them at frequent intervals. A responsible
resident official shall be in charge of each of these prisons.
(d) First aid, the psychosocial needs of prisoners and the corresponding
dynamics in prison settings, as well as social care and assistance, Rule 80
including early detection of mental health issues.
1. The prison director, his or her deputy, and the majority of other prison
2. Prison staff who are in charge of working with certain categories of staff shall be able to speak the language of the greatest number of
prisoners, or who are assigned other specialized functions, shall receive prisoners, or a language understood by the greatest number of them
training that has a corresponding focus
2. Whenever necessary, the services of a competent interpreter shall be
Rule 77 used.
Rule 81
1. In a prison for both men and women, the part of the prison set aside (a) Internal or administrative inspections conducted by the central prison
for women shall be under the authority of a responsible woman staff administration;
member who shall have the custody of the keys of all that part of the
prison. (b) External inspections conducted by a body independent of the prison
administration, which may include competent international or regional
2. No male staff member shall enter the part of the prison set aside for bodies.
women unless accompanied by a woman staff member.
2. In both cases, the objective of the inspections shall be to ensure that
3. Women prisoners shall be attended and supervised only by women prisons are managed in accordance with existing laws, regulations,
staff members. This does not, however, preclude male staff members, policies and procedures, with a view to bringing about the objectives of
particularly doctors and teachers, from carrying out their professional penal and corrections services, and that the rights of prisoners are
duties in prisons or parts of prisons set aside for women. protected.
Rule 82 Rule 84
1. Prison staff shall not, in their relations with the prisoners, use force 1. Inspectors shall have the authority:
except in self-defence or in cases of attempted escape, or active or
passive physical resistance to an order based on law or regulations. (a) To access all information on the numbers of prisoners and places and
Prison staff who have recourse to force must use no more than is strictly locations of detention, as well as all information relevant to the
necessary and must report the incident immediately to the prison treatment of prisoners, including their records and conditions of
director. detention;
2. Prison staff shall be given special physical training to enable then to (b) To freely choose which prisons to visit, including by making unan-
restrain aggressive prisoners nounced visits at their own initiative, and which prisoners to interview;
3. Except in special circumstances, prison staff performing duties which (c) To conduct private and fully confidential interviews with prisoners
bring them into direct contact with prisoners should not be armed. and prison staff in the course of their visits;
Furthermore, prison staff should in no circumstances be provided with
(d) To make recommendations to the prison administration and other
arms unless they have been trained in their use.
competent authorities.
Internal and external inspections
2. External inspection teams shall be composed of qualified and
Rule 83 experienced inspectors appointed by a competent authority and shall
encompass health-care professionals. Due regard shall be given to
1. There shall be a twofold system for regular inspections of prisons and balanced gender representation.
penal services:
Rule 85
1. Every inspection shall be followed by a written report to be submitted should therefore be enlisted wherever possible to assist the prison staff
to the competent authority. Due consideration shall be given to making in the task of social rehabilitation of the prisoners.
the reports of external inspections publicly available, excluding any
personal data on prisoners unless they have given their explicit consent. 2. There should be in connection with every prison social workers
charged with the duty of maintaining and improving all desirable
2. The prison administration or other competent authorities, as relations of a prisoner with his or her family and with valuable social
appropriate, shall indicate, within a reasonable time, whether they will agencies. Steps should be taken to safeguard, to the maximum extent
implement the recommendations resulting from the external inspection. compatible with the law and the sentence, the rights relating to civil
interests, social security rights and other social benefits of prisoners
II. RULES APPLICABLE TO SPECIAL CATEGORIES
Rule 89
A. Prisoners under sentence
1. The fulfilment of these principles requires individualization of
Guiding principles treatment and for this purpose a flexible system of classifying prisoners
in groups. It is therefore desirable that such groups should be distributed
Rule 86
in separate prisons suitable for the treatment of each group
The guiding principles hereafter are intended to show the spirit in which
2. These prisons do not need to provide the same degree of security for
penal institutions should be administered and the purposes at which
every group. It is desirable to provide varying degrees of security
they should aim, in accordance with the declaration made under
according to the needs of different groups. Open prisons, by the very fact
preliminary observation of these rules.
that they provide no physical security against escape but rely on the self-
Rule 87 discipline of the inmates, provide the conditions most favourable to the
rehabilitation of carefully selected prisoners
Before the completion of the sentence, it is desirable that the necessary
steps be taken to ensure for the prisoner a gradual return to life in 3. It is desirable that the number of prisoners in closed prisons should
society. This aim may be achieved, depending on the case, by a pre- not be so large that the individualization of treatment is hindered. In
release regime organized in the same prison or in another appropriate some countries it is considered that the population of such prisons
institution, or by release on trial under some kind of supervision which should not exceed 500. In open prisons the population should be as small
must not be entrusted to the police but should be combined with as possible
effective social aid.
4. On the other hand, it is undesirable to maintain prisons which are so
Rule 88 small that proper facilities cannot be provided.
1. The treatment of prisoners should emphasize not their exclusion from Rule 90
the community but their continuing part in it. Community agencies
The duty of society does not end with a prisoner's release. There should,
therefore, be governmental or private agencies capable of lending the
released prisoner efficient aftercare directed towards the lessening of Classification and individualization
prejudice against him or her and towards his or her social rehabilitation.
Rule 93
Treatment
1. The purposes of classification shall be:
Rule 91
(a) To separate from others those prisoners who, by reason of their
The treatment of persons sentenced to imprisonment or a similar criminal records or characters, are likely to exercise a bad influence;
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- (b) To divide the prisoners into classes in order to facilitate their treat-
supporting lives after their release and to fit them to do so. The ment with a view to their social rehabilitation.
treatment shall be such as will encourage their self-respect and develop
2. So far as possible, separate prisons or separate sections of a prison
their sense of responsibility.
shall be used for the treatment of different classes of prisoners
Rule 92
Rule 94
1. To these ends, all appropriate means shall be used, including religious
As soon as possible after admission and after a study of the personality
care in the countries where this is possible, education, vocational
of each prisoner with a sentence of suitable length, a programme of
guidance and training, social casework, employment counselling,
treatment shall be prepared for him or her in the light of the knowledge
physical develop-ment and strengthening of moral character, in
obtained about his or her individual needs, capacities and dispositions.
accordance with the individual needs of each prisoner, taking account of
his or her social and criminal history, physical and mental capacities and Privileges
aptitudes, personal temperament, the length of his or her sentence and
prospects after release. Rule 95
2. For every prisoner with a sentence of suitable length, the prison Systems of privileges appropriate for the different classes of prisoners
director shall receive, as soon as possible after his or her admission, full and the different methods of treatment shall be established at every
reports on all the matters referred to in paragraph 1 of this rule. Such prison, in order to encourage good conduct, develop a sense of
reports shall always include a report by the physician or other qualified responsibility and secure the interest and cooperation of prisoners in
health-care professionals on the physical and mental condition of the their treatment.
prisoner.
Work
3. The reports and other relevant documents shall be placed in an
individual file. This file shall be kept up to date and classified in such a Rule 96
way that it can be consulted by the responsible personnel whenever the
need arises. 1. 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 1. Preferably, institutional industries and farms should be operated
professionals. directly by the prison administration and not by private contractors.
2. Sufficient work of a useful nature shall be provided to keep prisoners 2. Where prisoners are employed in work not controlled by the prison
actively employed for a normal working day. administration, they shall always be under the supervision of prison staff.
Unless the work is for other departments of the government, the full
Rule 97 normal. wages for such work shall be paid to the prison administration
by the persons to whom the labour is supplied, account being taken of
1. Prison labour must not be of an afflictive nature.
the output of the prisoners.
2. Prisoners shall not be held in slavery or servitude.
Rule 101
3. No prisoner shall be required to work for the personal or private
1. The precautions laid down to protect the safety and health of free
benefit of any prison staff
workers shall be equally observed in prisons.
Rule 98
2. Provision shall be made to indemnify prisoners against industrial
1. So far as possible the work provided shall be such as will maintain or injury, including occupational disease, on terms not less favourable than
increase the prisoners ability to earn an honest living after release. those extended by law to free workers
2. Vocational training in useful trades shall be provided for prisoners able Rule 102
to profit thereby and especially for young prisoners.
1. The maximum daily and weekly working hours of the prisoners shall be
3. Within the limits compatible with proper vocational selection and with fixed by law or by administrative regulation, taking into account local
the requirements of institutional administration and discipline, prisoners rules or custom in regard to the employment of free workers.
shall be able to choose the type of work they wish to perform
2. The hours so fixed shall leave one rest day a week and sufficient time
Rule 99 for education and other activities required as part of the treatment and
rehabilitation of prisoners.
1. The organization and methods of work in prisons shall resemble as
closely as possible those of similar work outside of prisons, so as to Rule 103
prepare prisoners for the conditions of normal occupational life.
1. There shall be a system of equitable remuneration of the work of
2. The interests of the prisoners and of their vocational training, prisoners.
however, must not be subordinated to the purpose of making a financial
2. Under the system, prisoners shall be allowed to spend at least a part
profit from an industry in the prison.
of their earnings on approved articles for their own use and to send a
Rule 100 part of their earnings to their family
3. The system should also provide that a part of the earnings should be or agencies outside the prison as may promote the prisoner's
set aside by the prison administration so as to constitute a savings fund rehabilitation and the best interests of his or her family.
to be handed over to the prisoner on his or her release.
Rule 108
Education and recreation
1. Services and agencies, governmental or otherwise, which assist
Rule 104 released prisoners in re-establishing themselves in society shall ensure,
so far as is possible and necessary, that released prisoners are provided
1. Provision shall be made for the further education of all prisoners with appropriate documents and identification papers, have suitable
capable of profiting thereby, including religious instruction in the homes and work to go to, are suitably and adequately clothed having
countries where this is possible. The education of illiterate prisoners and regard to the climate and season and have sufficient means to reach
of young prisoners shall be compulsory and special attention shall be their destination and maintain themselves in the period immediately
paid to it by the prison administration following their release.
2. So far as practicable, the education of prisoners shall be integrated 2. The approved representatives of such agencies shall have all necessary
with the educational system of the country so that after their release access to the prison and to prisoners and shall be taken into consultation
they may continue their education without difficulty. as to the future of a prisoner from the beginning of his or her sentence.
Rule 105 3. It is desirable that the activities of such agencies shall be centralized or
coordinated as far as possible in order to secure the best use of their
Recreational and cultural activities shall be provided in all prisons for the
efforts.
benefit of the mental and physical health of prisoners.
B. Prisoners with mental disabilities and/or health conditions
Social relations and aftercare
Rule 109
Rule 106
1. Persons who are found to be not criminally responsible, or who are
Special attention shall be paid to the maintenance and improvement of
later diagnosed with severe mental disabilities and/or health conditions,
such relations between a prisoner and his or her family as are desirable
for whom staying in prison would mean an exacerbation of their
in the best interests of both.
condition, shall not be detained in prisons, and arrangements shall be
Rule 107 made to transfer them to mental health facilities as soon as possible.
From the beginning of a prisoner's sentence, consideration shall be given 2. Il necessary, other prisoners with mental disabilities and/or health
to his or her future after release and he or she shall be encouraged and conditions can be observed and treated in specialized facilities under the
provided assistance to maintain or establish such relations with persons supervision of qualified health-care professionals
3. The health-care service shall provide for the psychiatric treatment of Untried prisoners shall sleep singly in separate rooms, with the
all other prisoners who are in need of such treatment. reservation of different local custom in respect of the climate.
It is desirable that steps should be taken, by arrangement with the Within the limits compatible with the good order of the institution,
appropriate agencies, to ensure if necessary the continuation of untried prisoners may, if they so desire, have their food procured at their
psychiatric treatment after release and the provision of social-psychiatric own expense from the outside, either through the administration or
aftercare through their family or friends. Otherwise, the administration shall
provide their food.
C. Prisoners under arrest or awaiting trial
Rule 115
Rule 111
An untried prisoner shall be allowed to wear his or her own clothing if it
1. Persons arrested or imprisoned by reason of a criminal charge against is clean and suitable. If he or she wears prison dress, it shall be different
them, who are detained either in police custody or in prison custody (jail) from that supplied to convicted prisoners.
but have not yet been tried and sentenced, will be referred to as untried
prisoners hereinafter in these rules. Rule 116
2. Unconvicted prisoners are presumed to be innocent and shall be An untried prisoner shall always be offered the opportunity to work, but
treated as such. shall not be required to work. If he or she chooses to work, he or she
shall be paid for it.
3. Without prejudice to legal rules for the protection of individual liberty
or prescribing the procedure to be observed in respect of untried Rule 117
prisoners, these prisoners shall benefit from a special regime which is
described in the following rules in its essential requirements only An untried prisoner shall be allowed to procure at his or her own
expense or at the expense of a third party such books, newspapers,
Rule 112 writing material and other means of occupation as are compatible with
the interests of the administration of justice and the security and good
1. Untried prisoners shall be kept separate from convicted prisoners. order of the institution.
2. Young untried prisoners shall be kept separate from adults and shall in Rule 118
principle be detained in separate institutions.
An untried prisoner shall be allowed to be visited and treated by his or
Rule 113 her own doctor or dentist if there are reasonable grounds for the
application and he or she is able to pay any expenses incurred.
Rule 119 Rule 122
1. Every untried prisoner has the right to be promptly informed about Without prejudice to the provisions of article 9 of the International
the reasons for his or her detention and about any charges against him Covenant on Civil and Political Rights, persons arrested or imprisoned
or her 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
2. If an untried prisoner does not have a legal adviser of his or her own part II, section A, of these rules shall likewise be applicable where their
choice, he or she shall be entitled to have a legal adviser assigned to him application may be conducive to the benefit of this special group of
or her by a judicial or other authority in all cases where the interests of persons in custody, provided that no measures shall be taken implying
justice so require and without payment by the untried prisoner if he or that re-education or rehabilitation is in any way appropriate to persons
she does not have sufficient means to pay Denial of access to a legal not convicted of any criminal offence.
adviser shall be subject to independent review without delay.
Rule 120
2 An untried prisoner shall, upon request, he provided with writing TAPAUAN, CHRISTINE JOY C. BSCRIM 2C
material for the preparation of documents related to his or her defence,
including confidential instructions for his or her legal adviser or legal aid
provider.
D. Civil prisoners
Rule 121