A United Nations commission has recommended significant changes to the minimum standards for the treatment of prisoners around the world.
“No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhumane or degrading treatment or punishment,” the proposed Rule 1 says.
The Commission on Crime Prevention and Criminal Justice (CCPCJ) proposed revisions to the UN Standard Minimum Rules for the Treatment of Prisoners (standard minimum rules) to conform to contemporary correctional science and models.
They are “the minimum conditions which are accepted as suitable by the United Nations.”
An expert group studied best practices, national legislation and existing international law to “reflect recent advances in correctional science and best practices.” The following are highlights of the proposed rules, to be called “The Mandela Rules,” honoring the late South African activist Nelson Mandela.
The purpose of imprisonment is “to protect society against crime and to reduce recidivism.” Prison administrations should offer education, vocational training and work, and other programs of remedial, moral, spiritual, social, and health and sports-based natures.
Prisons must have a standardized prisoner case and medical file management system made available to prisoners.
Men and women, youth and adults, pretrial and convicted prisoners, and civil and criminal prisoners must be kept separately.
Limit celled housing to one person per cell; dormitories must contain compatible prisoners. All housing units must meet all requirements of health: air, water, floor space, lighting, heating, ventilation, toilet, and bathing or shower installations.
Prisoners must be provided with adequate clothing and bedding, changed and washed as often as necessary, nutritious food and drinking water, and at least one hour of outdoor exercise daily.
Prisoners should have access to free health care services, equivalent to those available in the community. Services must include dental and mental health care, prenatal and postnatal care for female prisoners.
Disciplinary sanctions must be proportional to the offenses. Prohibited are torture or other cruel, inhumane or degrading treatment or punishment, solitary confinement for more than 15 consecutive days, placement in a dark or constantly lit cell, corporal punishment, reduction of diet or drinking water, or collective punishment.
Chains, irons or other instruments of restraint that are inherently degrading are prohibited. Restraints would be banned for women during labor, childbirth and immediately after childbirth.
Searches must not be used to harass, intimidate or unnecessarily intrude on a person’s privacy. Strip and body cavity searches must be done in private by trained staff of the same sex, and body cavity searches must be done by qualified health care professionals.
Upon admission, every prisoner must be promptly informed, in a language and manner that he or she understands, of the prison rules and regulations and the prisoner’s rights and obligations. Prisoners must be permitted to make requests and complaints to the prison administration, confidentially and free of retaliation, intimidation and other negative consequences.
Prisoners must be permitted to communicate with their families and friends, in writing and by telecommunication and other means, and to receive visits from them and from their legal and diplomatic representatives.
Each prison must have a library adequately stocked for use by all prisoners. Prisoners must be allowed to attend religious services of their faith.
Every prisoner must have the right to notify his or her family of serious illness, injury or transfer and to receive notification of the serious illness or death of a near relative.
Women prisons must be under the authority of a female staff member. Female prisoners must be supervised by female staff members.
Prisoners may not be held in slavery or forced labor.
Prisoners diagnosed with severe mental disabilities and/or health conditions must be transferred to mental health facilities as soon as possible.
Pretrial detainees and persons not charged with a crime must sleep singly in separate rooms and may not be required to work.
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