rights
T
hese rights apply to all prisoners, whether they are on remand, pre-trial awaiting sentence or convicted. Important additional considerations apply to particular groups of prisoners, such as those who have not been convicted, foreign prisoners, juveniles and young prisoners and women. Where foreign national prisoners wish to see a consular official such access must be granted.What the international instruments say
Nelson Mandela Rules, 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 of 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.
Nelson Mandela Rules, Rule 7:
No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:
(a) Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;
(b) The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;
(c) The day and hour of his or her admission and release as well as of any transfer; (d) Any visible injuries and complaints about prior ill-treatment;
(e) An inventory of his or her personal property;
(f) The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;
(g) Emergency contact details and information on the prisoner’s next of kin.
Nelson Mandela Rules, Rule 30:
A physician or other qualified health-care professionals, whether or not they are required to report to the physician, shall see, talk with and examine every prisoner as soon as possible following his or her admission and thereafter as necessary. Particular attention shall be paid to:
(a) Identifying health-care needs and taking all necessary measures for treatment; (b) Identifying any ill-treatment that arriving prisoners may have been subjected to prior
to admission;
(c) Identifying any signs of psychological or other stress brought on by the fact of imprisonment, including, but not limited to, the risk of suicide or self-harm and withdrawal symptoms resulting from the use of drugs, medication or alcohol; and undertaking all appropriate individualized measures or treatment;
(d) In cases where prisoners are suspected of having contagious diseases, providing for the clinical isolation and adequate treatment of those prisoners during the infectious period;
Nelson Mandela Rules, Rule 54:
Upon admission, every prisoner shall be promptly provided with written information about: (a) The prison law and applicable prison regulations;
(b) His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints; (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.
Admission
procedures
which respect
human dignity
G
ood practice has evolved in countries around the world, showing how staff can conduct admission procedures not only lawfully, but with sensitivity to the welfare and essential dignity of the detained person. Out of this good practice it is possible to make a series of recommendations that are of universal applicability and that can be adapted to local custom, cultural traditions and socio-economic level.Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions, Article 6:
Governments shall ensure that persons deprived of their liberty are held in officially recognised places of custody, and that accurate information on their custody and whereabouts, including transfers, is made promptly available to their relatives and lawyer or other persons of confidence.
Declaration on the Protection of All Persons from Enforced Disappearance, Article 10:
An official up-to-date register of all persons deprived of their liberty shall be maintained in every place of detention. Additionally, each State shall take steps to maintain similar centralised registers.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 13:
Any person shall, at the moment of arrest and at the commencement of detention or imprisonment, or promptly thereafter, be provided by the authority responsible for his arrest, detention or imprisonment, respectively with information on and an explanation of his rights and how to avail himself of such rights.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 16:
(1) Promptly after arrest and after each transfer from one place of detention or imprisonment to another, a detained or imprisoned person shall be entitled to notify or to require the competent authority to notify members of his family or other appropriate persons of his choice of his detention or imprisonment or of his transfer and of the place where he is kept in custody.
(2) If a detained or imprisoned person is a foreigner, he shall also be promptly informed of his right to communicate by appropriate means with a consular post or the diplomatic mission of the State of which he is a national or which is otherwise entitled to receive such communication in accordance with international law or with the representative of the competent international organisation, if he is a refugee or otherwise under the protection of an intergovernmental organisation.
(3) If a detained or imprisoned person is a juvenile or is incapable of understanding his entitlement, the competent authority shall on its own initiative undertake the notification referred to in the present principle. Special attention should be given to notifying parents or guardians.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 18:
A detained or imprisoned person shall be entitled to communicate and consult with his legal counsel.
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 24:
A proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and this medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided free of charge.
(e) Determining the fitness of prisoners to work, to exercise and to participate in other activities, as appropriate.
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules), Rule 2:
1. Adequate attention shall be paid to the admission procedures for women and children, due to their particular vulnerability at this time. Newly arrived women prisoners shall be provided with facilities to contact their relatives; access to legal advice; information about prison rules and regulations, the prison regime and where to seek help when in need in a language that they understand; and, in the case of foreign nationals, access to consular representatives as well.
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules), Rule 6:
The health screening of women prisoners shall include comprehensive screening to determine primary healthcare needs, and also shall determine:
(a) The presence of sexually transmitted diseases or blood-borne diseases; and, depending on risk factors, women prisoners may also be offered testing for HIV, with pre- and post-test counselling;
(b) Mental health-care needs, including post-traumatic stress disorder and risk of suicide and self-harm;
(c) The reproductive health history of the woman prisoner, including current or recent pregnancies, childbirth and any related reproductive health issues;
(d) The existence of drug dependency;
(e) Sexual abuse and other forms of violence that may have been suffered prior to admission.
Putting it into practice