“No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens but its lowest ones.” - Nelson Mandela.
The United Nations Standard Minimum Rules For The
Treatment of Prisoners or commonly called the Nelson Mandela Rules, adopted by
the General Assembly in the year 2015, is the international legal and normative
framework governing the treatment of prisoners. The Rules consolidate globally
accepted principles and best practices in prison administration and emphasize
that they are not intended to prescribe a rigid model, but to articulate the
essential elements of humane, just and effective penal system. They are soft
law rather than a treaty and these Rules are used by the Courts worldwide in
deciding a case relating to humane treatment of Prisoners.
The
Rules are internationally recognized guidelines for the human treatment of
prisoners through management of prison such as to retain human rights and
dignity inside the prisons, specially prohibiting torture, strictly limiting
solitary confinement, requiring adequate healthcare, sanitation and nutrition.
The
Nelson Mandela Rules underscore that the legitimacy of incarceration in a
modern legal order rests not merely on containment, but on the obligation of
State/Prisons authorities to uphold dignity, fairness and humanity in the
treatment of prisoners, who are deprived of liberty.
The
United Nations Standard Minimum Rules which contain 122 rules deals overall
rights and humane dignity of prisoners inside the prison. The key rules are given as follows –
·
Basic
Principle of Human Dignity
First
and foremost rule is the basic rules to maintain human dignity. Rule 1 says,
all prisoners should be treated with respect due to their inherent dignity and
value as human and should be protected from torture, inhumane or degrading
treatment of punishment.
The
Nelson Mandela Rule should be applied impartially without discrimination on
grounds of race, colour, sex, religion, political or other opinion national or
social origin, property, birth or any other status (Rule 2).
· Health – care
The responsibility of
providing of health-care services to the
prisoners lies on State. Rules 24 states that it is the responsibility of State
to provide standard health-care that are available in the community and should give
access to necessary health-care service free of charge without discrimination
on the ground of their legal status.
For
that purpose, Rule 25 says, every prison should have a place for health-care
service tasked with evaluating, promoting, protecting and improving the
physical and mental health of prisoners, paying special attention to prisoners
in need of special health-care due to their health-issues that hamper their
rehabilitation.
The health-care services should maintain accurate up-to-date confidential individual medical files and should be granted access to their files upon request (Rule 26)
All prisons should ensure prompt access to medical attention in urgent case. And prisoners who require specialized treatment or surgery should be transferred to specialized hospitals (Rule 27).
In
women’s prisons, there should be special accommodation for pregnant prisoners
for all the necessary prenatal and post natal care and treatment. There should
be arrangement for child to born outside hospital and if the child is born
inside the hospital, the fact should not be mentioned in the birth certificate (Rule 28).
·
Restriction,
Discipline and Sanctions
Rules 36 to 53 are
divided into five major heads. These Rules are significant parts of Nelson
Mandela Rules that focus on legal right of prisoners and mainly solitary
confinement.
1. Basic
principle of Discipline
As stated in
Rule 36, discipline and order should be maintained within the required
restriction to ensure safe custody.
The prisoner should not be tried except in accordance with
terms of the law or regulation with principles of fairness and due process. The
prisoner should not be tried twice for the same act or offence (Rule 39)
Nelson Mandela Rules
also guarantee right to be heard. Rule
47 says that the prisoners should be informed without delay in the language
they understand the nature of the accusations against them. They should be
given adequate time and facilities for the preparation of their defense.
The prisoners should also be allowed to defend themselves
in person or legal assistance particularly in cases involving serious
disciplinary charges.
2. Prohibited sanction
Rule 43 says under no circumstances, restriction or
disciplinary sanctions shall amount to torture or other cruel, inhuman or
degrading treatment or punishment. Rule 43 prohibits indefinite solitary
confinement, prolonged solitary confinement, placement of a prison in a dark or
constantly lit cell, corporal punishment or the reduction of a prisoner’s diet
or drinking water, collective punishment. The prisoners also should not be
subjected to instruments of punishment as a sanction for disciplinary action.
3. Solitary
confinement
Solitary confinement means confinement of prisoners for 22
hours or more a day without meaningful human contact. Prolonged solitary
confinement for a time period in excess of 15 consecutive days.
According to Rule 45, Solitary confinement should be used
only in exceptional case a last resort, for a short time in pursuant to the
authorization by a competent authority.
The Rule also prohibits use of solitary confinement and
similar measures involving women and children and prisoners with mental or
physical disabilities which would worsen their condition by such measures.
4. Role of Medical
professional
The Nelson Mandela Rules also focuses on the healthcare of
prisoners in after effect of disciplinary sanction or other restrictive
measures. Rule 46 says, the healthcare personnel shall pay attention to the
health of the prisoners held under any form of involuntary separation,
including by visiting such prisoners on a daily basis.
5. Instrument of restraint
According to Rule 47, the use of chains, irons, or other instruments are prohibited as they inherently degrading or painful. Other instruments of restraints can only be used when authorized by law in circumstances like precaution against escape or order of the prison director.
·
Searches
of Prisoners and Cells
The searches of
prisoners and cell should be conducted in a manner that is respectful of the
inherent dignity and privacy of the individual being searched as well as the
principle of proportionality, legality and necessity by taking into account
international standards and norms (Rule 50).
Such searches should not be used to harass or intrude upon
a privacy of prisoners unnecessarily and should keep book of record or searches
and reason for searches any result arising out of searches (Rule 51)
·
Legal
Right as to Information and Complaints by Prisoners.
According to Rule 54,
every prisoner should be provided with written information about the rules of
prisons and rights of prisoners. Such as –
Ø The
prison law and applicable prison regulations;
Ø 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;
Ø His
or her obligations including applicable disciplinary sanctions; and
Ø All other matters necessary to enable the prisoner to adapt himself or herself to all the life of the prison.
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If
a prisoner does not understand the information in the language as provided, interpretation
assistance should be provided. If a prisoners is illiterate, information should
be conveyed orally and in case prisoner is suffering from sensory disabilities,
he should be provided with information in a manner appropriate to their needs.
Rule 56 prescribes the right of the prisoners to make
requests. It says every prisoner shall have the opportunity to make request to
talk to the inspector or any other inspecting officer freely and in full
confidentiality, without the director or other members of the staff being
present.
Prisoners also have the right to make request or complaint
regarding his or her treatment to the central prison administration, judicial
or other competent authority like National Human Right Council.
The Nelson Mandela’s Rules have guaranteed right of confidentiality
and safety of every prisoner. Rule 58 says there should be safeguards to ensure
that prisoners make requests or complaint safely in a confidential manner.
Serious allegations of torture or other cruel, inhuman or degrading
treatment or punishment of prisons should be dealt immediately and investigation
to such allegation must be prompt and impartial to be conducted by an
independent national authority.
· Contact with the Outside World
Rule 58 says that
prisoners should be allowed to communicate with their family and friends at
regular interval by corresponding in writing or though telecommunication,
electronic, digital or other means and by receiving visits.
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