United Nations

Economic and Social Council

E/CN.15/2015/L.6/Rev.1
Distr.: Limited
21 May 2015
Original: English

Commission on Crime Prevention
and Criminal JusticeTwenty-fourth session
Vienna, 18-22 May 2015
Agenda item 6
Use and application of United Nations standards andnorms in crime prevention and criminal justiceArgentina, Austria, Brazil, Chile, Ecuador, El Salvador, France, Italy, Lebanon,
Mexico, Nicaragua, Panama, Paraguay, Poland, South Africa, Thailand,
United States of America and Uruguay: revised draft resolution
The Commission on Crime Prevention and Criminal Justice recommends to the
Economic and Social Council the approval of the following draft resolution for
adoption by the General Assembly:

United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Mandela Rules)
The General Assembly,
Guided by the principal purposes of the United Nations, as set out in thePreamble to the Charter of the United Nations and the Universal Declaration of
Human Rights,1 and inspired by the determination to reaffirm faith in fundamental
human rights, in the dignity and worth of the human person, without distinction of
any kind, and in the equal rights of men and women and of nations large and small,to establish conditions under which justice and respect for the obligations arisingfrom treaties and other sources of international law can be maintained and topromote social progress and better standards of life in larger freedom,
Recalling all standards and norms in crime prevention and criminal justicedeveloped at the request of the Commission on Crime Prevention and Criminal
Justice and adopted or recommended by the General Assembly, or adopted by aUnited Nations congress on the prevention of crime and the treatment of offenders,
and recognizing that the Universal Declaration of Human Rights is a source of__________________
1 Resolution 217 A (III).

V.15-03585 (E)*1503585*

E/CN.15/2015/L.6/Rev.1

inspiration for the United Nations standards and norms in crime prevention andcriminal justice,
Bearing in mind the long-standing concern of the United Nations for thehumanization of criminal justice and the protection of human rights, andemphasizing the fundamental importance of human rights in the daily administrationof criminal justice and crime prevention,
Aware that the Standard Minimum Rules for the Treatment of Prisoners2 havebeen the universally acknowledged minimum standards for the detention ofprisoners and that they have been of significant value and influence, as a guide, inthe development of correctional laws, policies and practices since their adoption by
the First United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, in 1955,
Mindful that, in the Salvador Declaration on Comprehensive Strategies for
Global Challenges: Crime Prevention and Criminal Justice Systems and Their
Development in a Changing World,3 Member States recognized that an effective,
fair, accountable and humane criminal justice system was based on the commitment
to uphold the protection of human rights in the administration of justice and theprevention and control of crime, and acknowledged the value and impact of theUnited Nations standards and norms in crime prevention and criminal justice indesigning and implementing national crime prevention and criminal justice policies,
procedures and programmes,
Taking into account the progressive development of international law
pertaining to the treatment of prisoners since 1955, including in international
instruments such as the International Covenant on Civil and Political Rights,4 theInternational Covenant on Economic, Social and Cultural Rights4 and theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment5 and the Optional Protocol thereto,6Recalling the United Nations standards and norms in crime prevention andcriminal justice related to the treatment of prisoners and to alternatives toimprisonment adopted since 1955, in particular the procedures for the effective
implementation of the Standard Minimum Rules for the Treatment of Prisoners,7 theBody of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment,8 the Basic Principles for the Treatment of Prisoners,9 the United
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules)10
and the basic principles on the use of restorative justice programmes in criminal
matters,11__________________
2 Human Rights: A Compilation of International Instruments, Volume I (First Part), Universal

Instruments (United Nations publication, Sales No. E.02.XIV.4 (Vol. I, Part 1)), sect. J, No. 34.
3 Resolution 65/230, annex.
4 See resolution 2200 A (XXI), annex.
5 United Nations, Treaty Series, vol. 1465, No. 24841.
6 Ibid., vol. 2375, No. 24841.
7 Economic and Social Council resolution 1984/47, annex.
8 Resolution 43/173, annex.
9 Resolution 45/111, annex.
10 Resolution 45/110, annex.
11 Economic and Social Council resolution 2002/12, annex.

2V.15-03585

E/CN.15/2015/L.6/Rev.1

Bearing in mind the need for vigilance with regard to the specific situation ofchildren, juveniles and women in the administration of justice, in particular while
they are deprived of their liberty, as called for in the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules),12 theUnited Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines),13 the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty14 and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules),15
Recalling the United Nations standards and norms in crime prevention andcriminal justice adopted since 1955 that provide additional guidance on thetreatment of prisoners, including the Code of Conduct for Law Enforcement
Officials,16 the Principles of Medical Ethics relevant to the role of health personnel,
particularly physicians, in the protection of prisoners and detainees against tortureand other cruel, inhuman or degrading treatment or punishment,17 the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials,18 thePrinciples on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,19 and the United Nations
Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems,20
Aware of regional principles and standards related to the treatment ofprisoners, including the Principles and Best Practices on the Protection of Persons
Deprived of Liberty in the Americas, the revised European Prison Rules, theKampala Declaration on Prison Conditions in Africa,21 the Arusha Declaration on
Good Prison Practice22 and the Principles and Guidelines on the Right to a Fair
Trial and Legal Assistance in Africa,
Recalling its resolution 65/230 of 21 December 2010, entitled “Twelfth United
Nations Congress on Crime Prevention and Criminal Justice”, in which it requested
the Commission on Crime Prevention and Criminal Justice to establish an
open-ended intergovernmental expert group to exchange information on bestpractices, as well as national legislation and existing international law, and on therevision of existing United Nations standard minimum rules for the treatment ofprisoners so that they reflect recent advances in correctional science and bestpractices,
Recalling also its resolutions 67/188 of 20 December 2012, 68/190 of
18 December 2013 and 69/192 of 18 December 2014, entitled “Standard Minimum
Rules for the Treatment of Prisoners”, in particular resolution 68/190, in which it__________________
12 Resolution 40/33, annex.
13 Resolution 45/112, annex.
14 Resolution 45/113, annex.
15 Resolution 65/229, annex.
16 Resolution 34/169, annex.
17 Resolution 37/194, annex.
18 Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,Havana, Cuba, 27 August-7 September 1990: report prepared by the Secretariat (United Nations
publication, Sales No. E.91.IV.2), chap. I, sect. B.2, annex.
19 Resolution 55/89, annex.
20 Resolution 67/187, annex.
21 Economic and Social Council resolution 1997/36, annex.
22 Economic and Social Council resolution 1999/27, annex.

V.15-03585

3

E/CN.15/2015/L.6/Rev.1

took note with appreciation of the work done by the Expert Group on the Standard
Minimum Rules for the Treatment of Prisoners, and resolution 69/192, in which itemphasized that efforts should be made to finalize the revision process, building on
the recommendations made at the three meetings of the Expert Group and thesubmissions of Member States,
Mindful that, in its resolution 68/190, it took into consideration therecommendations of the Expert Group with regard to the issues and the rules of theStandard Minimum Rules for the Treatment of Prisoners that had been identified forrevision in the following areas:(a) Respect for prisoners’ inherent dignity and value as human beings(rules 6, para. 1; 57-59; and 60, para. 1),(b)

Medical and health services (rules 22-26; 52; 62; and 71, para. 2),(c) Disciplinary action and punishment, including the role of medical staff,
solitary confinement and reduction of diet (rules 27, 29, 31 and 32),(d) Investigation of all deaths in custody, as well as of any signs or
allegations of torture or inhuman or degrading treatment or punishment of prisoners(rule 7 and proposed rules 44 bis and 54 bis),(e) Protection and special needs of vulnerable groups deprived of theirliberty, taking into consideration countries in difficult circumstances (rules 6 and 7),(f)
and 93),(g)

The right of access to legal representation (rules 30; 35, para. 1; 37;
Complaints and independent inspection (rules 36 and 55),(h) The replacement of outdated terminology (rules 22-26, 62, 82 and 83 andvarious others),(i) Training of relevant staff to implement the Standard Minimum Rules(rule 47),
Mindful also that, in its resolution 69/192, it reiterated that any changes to theStandard Minimum Rules for the Treatment of Prisoners should not lower any of theexisting standards, but should reflect recent advances in correctional science andgood practices so as to promote safety, security and humane conditions for
prisoners,
Mindful further of the extensive consultative process culminating in therecommendations of the Expert Group, a process spanning a period of five years,
consisting of technical and expert pre-consultations, meetings in Vienna, Buenos
Aires and Cape Town, South Africa, and the active participation and input ofMember States from all regions, assisted by representatives of the United Nations
crime prevention and criminal justice programme network and other United Nations
entities, including the Office of the United Nations High Commissioner for Human
Rights, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the United Nations Office on Drugs andCrime, intergovernmental organizations, including the International Committee of
the Red Cross, specialized agencies in the United Nations system, including theWorld Health Organization, and non-governmental organizations and individual
experts in the field of correctional science and human rights,

4V.15-03585

E/CN.15/2015/L.6/Rev.1

Recalling its resolution 69/172 of 18 December 2014, entitled “Human rights
in the administration of justice”, in which it recognized the importance of theprinciple that, except for those lawful limitations that are demonstrably necessitatedby the fact of incarceration, persons deprived of their liberty shall retain their
non-derogable human rights and all other human rights and fundamental freedoms,
and recalled that the social rehabilitation and reintegration of persons deprived of
their liberty shall be among the essential aims of the criminal justice system,
ensuring, as far as possible, that offenders are able to lead a law-abiding andself-supporting life upon their return to society, and took note of, inter alia, generalcomment No. 21 on the humane treatment of persons deprived of their liberty,
adopted by the Human Rights Committee,231.
Expresses its gratitude and appreciation to the Government of South
Africa for hosting the meeting of the Expert Group on the Standard Minimum Rules
for the Treatment of Prisoners held in Cape Town, South Africa, from 2 to 5 March
2015 and for providing financial support and leadership throughout the review
process, and notes with appreciation the consensus achieved on the nine thematic
areas and the rules identified by the Expert Group at its previous meetings forrevision;24
2.
Expresses its appreciation to the Government of Argentina for hosting
and financing the meeting of the Expert Group held in Buenos Aires from 11 to
13 December 2012 and to the Government of Brazil for its financial contribution to
the meeting of the Expert Group held in Vienna from 25 to 28 March 2014;
3.
Acknowledges the valuable work accomplished by the bureau of themeeting of the Expert Group held in Vienna in 2014 in preparing, with theassistance of the Secretariat, the documentation for the meeting of the Expert Group
held in Cape Town, South Africa, in 2015, in particular the revised consolidated
working paper;25
4.
Notes that in the Doha Declaration on Integrating Crime Prevention andCriminal Justice into the Wider United Nations Agenda to Address Social andEconomic Challenges and to Promote the Rule of Law at the National andInternational Levels, and Public Participation, 26 adopted by the Thirteenth United
Nations Congress on Crime Prevention and Criminal Justice, held in Doha from12 to 19 April 2015, the Thirteenth Congress welcomed the work of the Expert
Group, and took note of the draft updated Standard Minimum Rules for theTreatment of Prisoners, as finalized by the Expert Group at its meeting held in CapeTown, South Africa, in March 2015;
5.
Adopts the proposed revision of the Standard Minimum Rules for theTreatment of Prisoners, annexed to the present resolution, as the United Nations
Standard Minimum Rules for the Treatment of Prisoners;
6.
Approves the recommendation of the Expert Group that the Rules should
be known as “the Mandela Rules”, to honour the legacy of the late President of__________________
23 Official Records of the General Assembly, Forty-seventh Session, Supplement No. 40 (A/47/40),

annex VI.B.
24 See E/CN.15/2015/17.
25 UNODC/CCPCJ/EG.6/2015/2.
26 A/CONF.222/17, chap. I, resolution 1.

V.15-03585

5

E/CN.15/2015/L.6/Rev.1

South Africa, Nelson Rolihlahla Mandela, who spent 27 years in prison in thecourse of his struggle for global human rights, equality, democracy and thepromotion of a culture of peace;
7.
Decides to extend the scope of Nelson Mandela International Day,observed each year on 18 July,27 to be also known as Mandela Prisoner Rights Day,in order to promote humane conditions of imprisonment, to raise awareness about
prisoners being a continuous part of society and to value the work of prison staff asa social service of particular importance, and, to this end, invites Member States,
regional organizations and organizations in the United Nations system to celebrate
this occasion in an appropriate manner;
8.
Reaffirms, in the context of paragraph 5 above, the preliminary
observations to the Mandela Rules, underscores the non-binding nature of theMandela Rules, acknowledges the variety of Member States’ legal frameworks andin that regard recognizes that Member States may adapt the application of theMandela Rules in accordance with their domestic legal frameworks, as appropriate,
bearing in mind the spirit and purposes of the Rules;
9.
Encourages Member States to endeavour to improve conditions in
detention, consistent with the Mandela Rules and all other relevant and applicable
United Nations standards and norms in crime prevention and criminal justice, tocontinue exchanging good practices in order to identify challenges faced in
implementing the Rules and to share their experiences in dealing with thosechallenges;
10. Invites the Commission on Crime Prevention and Criminal Justice toconsider, at its upcoming sessions, reconvening the open-ended intergovernmental
Expert Group on the Standard Minimum Rules for the Treatment of Prisoners for the
purpose of identifying the lessons learned, the means to continue to exchange goodpractices and the challenges faced in the implementation of the Rules;
11. Encourages Member States to promote the implementation of the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty14 and theUnited Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules); 15
12. Recommends that Member States continue to endeavour to reduce prison
overcrowding and, where appropriate, resort to non-custodial measures asalternatives to pretrial detention, to promote increased access to justice and legal
defence mechanisms, to reinforce alternatives to imprisonment and to support
rehabilitation and social reintegration programmes, in accordance with the United
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules);10
13. Notes the importance of a voluntary exchange of experiences and goodpractices among Member States and with relevant international entities, whereappropriate, and the provision of technical assistance to Member States, for the
improved implementation of the Mandela Rules, upon their request;
14. Encourages Member States to consider allocating adequate human andfinancial resources to assist in the improvement of prison conditions and to theapplication of the Mandela Rules;__________________
27 Resolution 64/13.

6

V.15-03585

E/CN.15/2015/L.6/Rev.1

15. Requests the United Nations Office on Drugs and Crime to ensure broad
dissemination of the Mandela Rules, to design guidance material and to provide
technical assistance and advisory services to Member States in the field of penal
reform, in order to develop or strengthen penitentiary legislation, procedures,
policies and practices in line with the Rules;
16. Commends the Commission on Crime Prevention and Criminal Justicefor its continuing contributions to the improvement of the administration of justicethrough the development and refinement of international standards and norms in thefield of crime prevention and criminal justice, and calls upon Member States tocontinue their efforts in this regard;
17. Requests the United Nations Office on Drugs and Crime to continue topromote the use and application of the United Nations standards and norms in crime
prevention and criminal justice by, inter alia, providing advisory services andtechnical assistance to Member States, on request, including assistance in crime
prevention, criminal justice and law reform, and in the organization of training forlaw enforcement, crime prevention and criminal justice personnel and support in theadministration and management of penal and penitentiary systems, thus contributing
to the upgrading of their efficiency and capabilities;
18. Invites Member States and other donors to provide extrabudgetary
resources for these purposes, in accordance with the rules and procedures of theUnited Nations;
19. Affirms the important role of the United Nations crime prevention andcriminal justice programme network, intergovernmental organizations andnon-governmental organizations in consultative status with the Economic and Social
Council in the revision process and in contributing to the dissemination, promotion
and practical application of the Mandela Rules in accordance with the proceduresfor their effective implementation.

V.15-03585

7

E/CN.15/2015/L.6/Rev.1

Annex
United Nations Standard Minimum Rules for the Treatmentof Prisoners (the Mandela Rules)
Preliminary observations
Preliminary observation 1
The following rules are not intended to describe in detail a model system of penal
institutions. They seek only, on the basis of the general consensus of contemporary
thought and the essential elements of the most adequate systems of today, to set out
what is generally accepted as being good principles and practice in the treatment ofprisoners and prison management.
Preliminary observation 2
1.
In view of the great variety of legal, social, economic and geographicalconditions in the world, it is evident that not all of the rules are capable ofapplication in all places and at all times. They should, however, serve to stimulate aconstant endeavour to overcome practical difficulties in the way of their application,in the knowledge that they represent, as a whole, the minimum conditions which areaccepted as suitable by the United Nations.
2.
On the other hand, the rules cover a field in which thought is constantly
developing. They are not intended to preclude experiment and practices, provided
these are in harmony with the principles and seek to further the purposes which
derive from the text of the rules as a whole. It will always be justifiable for thecentral prison administration to authorize departures from the rules in this spirit.
Preliminary observation 3
1.
Part I of the rules covers the general management of prisons, and is applicable
to all categories of prisoners, criminal or civil, untried or convicted, including
prisoners subject to “security measures” or corrective measures ordered by thejudge.
2.
Part II contains rules applicable only to the special categories dealt with ineach section. Nevertheless, the rules under section A, applicable to prisoners undersentence, shall be equally applicable to categories of prisoners dealt with insections B, C and D, provided they do not conflict with the rules governing thosecategories and are for their benefit.
Preliminary observation 4
1.
The rules do not seek to regulate the management of institutions set aside foryoung persons such as juvenile detention facilities or correctional schools, but ingeneral part I would be equally applicable in such institutions.
2.
The category of young prisoners should include at least all young persons whocome within the jurisdiction of juvenile courts. As a rule, such young persons
should not be sentenced to imprisonment.

8

V.15-03585

E/CN.15/2015/L.6/Rev.1

I. Rules of general application
Basic principles
Rule 1
All prisoners shall be treated with the respect due to their inherent dignity and value
as human beings. No prisoner shall be subjected to, and all prisoners shall beprotected from, torture and other cruel, inhuman or degrading treatment or
punishment, for which no circumstances whatsoever may be invoked as ajustification. The safety and security of prisoners, staff, service providers andvisitors shall be ensured at all times.
Rule 2
1.
The present rules shall be applied impartially. There shall be no discriminationon the grounds of race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or any other status. The religious beliefs andmoral precepts of prisoners shall be respected.
2.
In order for the principle of non-discrimination to be put into practice, prison
administrations shall take account of the individual needs of prisoners, in particular
the most vulnerable categories in prison settings. Measures to protect and promote
the rights of prisoners with special needs are required and shall not be regarded as
discriminatory.
Rule 3
Imprisonment and other measures that result in cutting off persons from the outside
world are afflictive by the very fact of taking from these persons the right ofself-determination by depriving them of their liberty. Therefore the prison systemshall not, except as incidental to justifiable separation or the maintenance ofdiscipline, aggravate the suffering inherent in such a situation.
Rule 4
1.
The purposes of a sentence of imprisonment or similar measures deprivative ofa 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 isused 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.
2.
To this end, prison administrations and other competent authorities should
offer education, vocational training and work, as well as other forms of assistancethat are appropriate and available, including those of a remedial, moral, spiritual,social and health- and sports-based nature. All such programmes, activities andservices should be delivered in line with the individual treatment needs of prisoners.
Rule 5
1.
The prison regime should seek to minimize any differences between prison lifeand life at liberty that tend to lessen the responsibility of the prisoners or the respect
due to their dignity as human beings.

V.15-03585

9

E/CN.15/2015/L.6/Rev.1

2.
Prison administrations shall make all reasonable accommodation andadjustments to ensure that prisoners with physical, mental or other disabilities havefull and effective access to prison life on an equitable basis.
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 of records or aregistration book with numbered and signed pages. Procedures shall be in place toensure a secure audit trail and to prevent unauthorized access to or modification of
any information contained in the system.
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 uponadmission 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)transfer;

The day and hour of his or her admission and release as well as of any(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.

Rule 8The following information shall be entered in the prisoner file management systemin the course of imprisonment, where applicable:(a) Information related to the judicial process, including dates of court
hearings and legal representation;(b)

Initial assessment and classification reports;(c)

Information related to behaviour and discipline;(d) Requests and complaints, including allegations of torture or other cruel,inhuman or degrading treatment or punishment, unless they are of a confidential
nature;(e)

Information on the imposition of disciplinary sanctions;(f) Information on the circumstances and causes of any injuries or death and,in the case of the latter, the destination of the remains.

10

V.15-03585

E/CN.15/2015/L.6/Rev.1

Rule 9All 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 toreceive an official copy of such records upon his or her release.
Rule 10
Prisoner file management systems shall also 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.
Separation of categories
Rule 11The different categories of prisoners shall be kept in separate institutions or parts ofinstitutions, taking account of their sex, age, criminal record, the legal reason for
their detention and the necessities of their treatment; thus:(a) Men and women shall so far as possible be detained in separate
institutions; in an institution which receives both men and women, the whole of thepremises allocated to women shall be entirely separate;(b)

Untried prisoners shall be kept separate from convicted prisoners;(c) Persons imprisoned for debt and other civil prisoners shall be kept
separate from persons imprisoned by reason of a criminal offence;(d)Young prisoners shall be kept separate from adults.

Accommodation
Rule 12
1.
Where sleeping accommodation is in individual cells or rooms, each prisoner
shall occupy by night a 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.
2.
Where dormitories are used, they shall be occupied by prisoners carefully
selected as being suitable to associate with one another in those conditions. There
shall be regular supervision by night, in keeping with the nature of the prison.
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 toclimatic conditions and particularly to cubic content of air, minimum floor space,lighting, heating and ventilation.

V.15-03585

11

E/CN.15/2015/L.6/Rev.1

Rule 14In all places where prisoners are required to live or work:(a) The windows shall be large enough to enable the prisoners to read orwork by natural light and shall be so constructed that they can allow the entrance offresh air whether or not there is artificial ventilation;(b) Artificial light shall be provided sufficient for the prisoners to read orwork without injury to eyesight.
Rule 15The 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.
Rule 16
Adequate bathing and shower installations shall be provided so that every prisonercan, and may be required to, have a bath or shower, at a temperature suitable to theclimate, as frequently as necessary for general hygiene according to season andgeographical region, but at least once a week in a temperate climate.
Rule 17
All parts of a prison regularly used by prisoners shall be properly maintained andkept scrupulously clean at all times.
Personal hygiene
Rule 18
1.
Prisoners shall be required to keep their persons clean, and to this end theyshall be provided with water and with such toilet articles as are necessary for healthand cleanliness.
2.
In order that prisoners may maintain a good appearance compatible with theirself-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
Rule 19
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 adequate to keep him
or her in good health. Such clothing shall in no manner be degrading or humiliating.
2.
All clothing shall be clean and kept in proper condition. Underclothing shallbe changed and washed as often as necessary for the maintenance of hygiene.
3.
In exceptional circumstances, whenever a prisoner is removed outside theprison for an authorized purpose, he or she shall be allowed to wear his or her own
clothing or other inconspicuous clothing.

12

V.15-03585

E/CN.15/2015/L.6/Rev.1

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.
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.
Food
Rule 221.
Every prisoner 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.
it.

Drinking water shall be available to every prisoner whenever he or she needs

Exercise and sport
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 of 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.
Health-care services
Rule 24
1.
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.
2.
Health-care services should be organized in close relationship to the generalpublic health administration and in a way that ensures continuity of treatment andcare, including for HIV, tuberculosis and other infectious diseases, as well as for
drug dependence.
Rule 25
1.
Every prison shall have in place a health-care service tasked with evaluating,promoting, protecting and improving the physical and mental health of prisoners,
paying particular attention to prisoners with special health-care needs or with healthissues that hamper their rehabilitation.
2.
The health-care service shall consist of an interdisciplinary team with
sufficient qualified personnel acting in full clinical independence and shall

V.15-03585

13

E/CN.15/2015/L.6/Rev.1

encompass sufficient expertise in psychology and psychiatry. The services of aqualified dentist shall be available to every prisoner.
Rule 26
1.
The health-care service shall prepare and maintain accurate, up-to-date andconfidential individual medical files on all prisoners, and all prisoners should be
granted access to their files upon request. A prisoner may appoint a third party toaccess his or her medical file.
2.
Medical files shall be transferred to the health-care service of the receiving
institution upon transfer of a prisoner and shall be subject to medical confidentiality.
Rule 27
1.
All prisons shall ensure prompt access to medical attention in urgent cases.
Prisoners who require specialized treatment or surgery shall be transferred to
specialized institutions or to civil hospitals. Where a prison service has its own
hospital facilities, they shall be adequately staffed and equipped to provide
prisoners referred to them with appropriate treatment and care.
2.
Clinical decisions may only be taken by the responsible health-care
professionals and may not be overruled or ignored by non-medical prison staff.
Rule 28
In women’s prisons, there shall be special accommodation for all necessary prenatal
and postnatal care and treatment. Arrangements shall be made wherever practicablefor children to be born in a hospital outside the prison. If a child is born in prison,
this fact shall not be mentioned in the birth certificate.
Rule 29
1.
A decision to allow a child to stay with his or her parent in prison shall bebased on the best interests of the child concerned. Where children are allowed toremain in prison with a parent, provision shall be made for:(a) Internal or external childcare facilities staffed by qualified persons,
where the children shall be placed when they are not in the care of their parent;(b) Child-specific health-care services, including health screenings uponadmission and ongoing monitoring of their development by specialists.
2.

Children in prison with a parent shall never be treated as prisoners.

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 fortreatment;

14

V.15-03585

E/CN.15/2015/L.6/Rev.1(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 thefact of imprisonment, including, but not limited to, the risk of suicide or self-harmand 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;(e) Determining the fitness of prisoners to work, to exercise and toparticipate in other activities, as appropriate.
Rule 31
The physician or, where applicable, other qualified health-care professionals shallhave daily access to all sick prisoners, all prisoners who complain of physical ormental health issues or injury and any prisoner to whom their attention is speciallydirected. All medical examinations shall be undertaken in full confidentiality.
Rule 32
1.
The relationship between the physician or other health-care professionals andthe prisoners shall be governed by the same ethical and professional standards as
those applicable to patients in the community, in particular:(a) The duty of protecting prisoners’ physical and mental health and theprevention and treatment of disease on the basis of clinical grounds only;(b) Adherence to prisoners’ autonomy with regard to their own health andinformed consent in the doctor-patient relationship;(c) The confidentiality of medical information, unless maintaining suchconfidentiality would result in a real and imminent threat to the patient or to others;(d) An absolute prohibition on engaging, actively or passively, in acts that
may constitute torture or other cruel, inhuman or degrading treatment or
punishment, including medical or scientific experimentation that may be detrimental
to a prisoner’s health, such as the removal of a prisoner’s cells, body tissues ororgans.
2.
Without prejudice to paragraph 1 (d) of this rule, prisoners may be allowed,
upon their free and informed consent and in accordance with applicable law, toparticipate in clinical trials and other health research accessible in the community ifthese are expected to produce a direct and significant benefit to their health, and to
donate cells, body tissues or organs to a relative.
Rule 33
The physician shall report to the director whenever he or she considers that a
prisoner’s physical or mental health has been or will be injuriously affected bycontinued imprisonment or by any condition of imprisonment.

V.15-03585

15

E/CN.15/2015/L.6/Rev.1

Rule 34
If, in the course of examining a prisoner upon admission or providing medical careto the prisoner thereafter, health-care professionals become aware of any signs of
torture or other cruel, inhuman or degrading treatment or punishment, they shalldocument and report such cases to the competent medical, administrative or judicial
authority. Proper procedural safeguards shall be followed in order not to expose theprisoner or associated persons to foreseeable risk of harm.
Rule 35
1.
The physician or competent public health body shall regularly inspect andadvise the director on:(a)

The quantity, quality, preparation and service of food;(b)

The hygiene and cleanliness of the institution and the prisoners;(c)

The sanitation, temperature, lighting and ventilation of the prison;(d)

The suitability and cleanliness of the prisoners’ clothing and bedding;(e) The observance of the rules concerning physical education and sports, incases where there is no technical personnel in charge of these activities.
2.
The prison director shall take into consideration the advice and reports
provided in accordance with paragraph 1 of this rule and rule 33 and shall take
immediate steps to give effect to the advice and the recommendations in the reports.
If the advice or recommendations do not fall within the prison director’scompetence or if he or she does not concur with them, the director shallimmediately submit to a higher authority his or her own report and the advice orrecommendations of the physician or competent public health body.
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.
Rule 37
The following shall always be subject to authorization by law or by the regulation of
the competent administrative authority:(a)Conduct constituting a disciplinary offence;(b)

The types and duration of sanctions that may be imposed;(c)

The authority competent to impose such sanctions;(d) Any form of involuntary separation from the general prison population,such as solitary confinement, isolation, segregation, special care units or restrictedhousing, whether as a disciplinary sanction or for the maintenance of order andsecurity, including promulgating policies and procedures governing the use andreview of, admission to and release from any form of involuntary separation.

16

V.15-03585

E/CN.15/2015/L.6/Rev.1

Rule 381.
Prison administrations are encouraged to use, to the extent possible, conflict
prevention, mediation or any other alternative dispute resolution mechanism toprevent disciplinary offences or to resolve conflicts.
2.
For prisoners who are, or have been, separated, the prison administration shalltake the necessary measures to alleviate the potential detrimental effects of theirconfinement on them and on their community following their release from prison.
Rule 39
1.
No prisoner shall be sanctioned except in accordance with the terms of the law
or regulation referred to in rule 37 and the principles of fairness and due process.
A prisoner shall never be punished twice for the same offence.
2.
Prison administrations shall ensure proportionality between a disciplinary
sanction and the offence for which it is established, and shall keep a proper recordof all disciplinary sanctions imposed.
3.
Before imposing disciplinary sanctions, prison administrations shall consider
whether and how a prisoner’s mental illness or developmental disability may havecontributed to his or her conduct and the commitment of the offence or act
underlying the disciplinary charge. Prison administrations shall not sanction any
conduct of a prisoner that is considered to be the direct result of his or her mental
illness or intellectual disability.
Rule 40
1.
No prisoner shall be employed, in the service of the prison, in any disciplinary
capacity.
2.
This rule shall not, however, impede the proper functioning of systems basedon self-government, under which specified social, educational or sports activities or
responsibilities are entrusted, under supervision, to prisoners who are formed into
groups for the purposes of treatment.
Rule 411.
Any allegation of a disciplinary offence by a prisoner shall be reported
promptly to the competent authority, which shall investigate it without undue delay.
2.
Prisoners shall be informed, without delay and in a language that they
understand, of the nature of the accusations against them and shall be given
adequate time and facilities for the preparation of their defence.
3.
Prisoners shall be allowed to defend themselves in person, or through legal
assistance when the interests of justice so require, particularly in cases involving
serious disciplinary charges. If the prisoners do not understand or speak thelanguage used at a disciplinary hearing, they shall be assisted by a competentinterpreter free of charge.
4.
Prisoners shall have an opportunity to seek judicial review of disciplinary
sanctions imposed against them.

V.15-03585

17

E/CN.15/2015/L.6/Rev.1

5.
In the event that a breach of discipline is prosecuted as a crime, prisoners shallbe entitled to all due process guarantees applicable to criminal proceedings,
including unimpeded access to a legal adviser.
Rule 42
General living conditions addressed in these rules, including those related to light,
ventilation, temperature, sanitation, nutrition, drinking water, access to open air andphysical exercise, personal hygiene, health care and adequate personal space, shallapply to all prisoners without exception.
Rule 43
1.
In no circumstances may restrictions or disciplinary sanctions amount totorture or other cruel, inhuman or degrading treatment or punishment. The following
practices, in particular, shall be prohibited:(a)Indefinite solitary confinement;(b)

Prolonged solitary confinement;(c)Placement of a prisoner in a dark or constantly lit cell;(d)water;(e)Corporal punishment or the reduction of a prisoner’s diet or drinking
Collective punishment.

2.
Instruments of restraint shall never be applied as a sanction for disciplinary
offences.
3.
Disciplinary sanctions or restrictive measures shall not include the prohibitionof family contact. The means of family contact may only be restricted for a limited
time period and as strictly required for the maintenance of security and order.
Rule 44
For the purpose of these rules, solitary confinement shall refer to the confinement ofprisoners for 22 hours or more a day without meaningful human contact. Prolonged
solitary confinement shall refer to solitary confinement for a time period in excess
of 15 consecutive days.
Rule 45
1.
Solitary confinement shall be used only in exceptional cases as a last resort,for as short a time as possible and subject to independent review, and only pursuant
to the authorization by a competent authority. It shall not be imposed by virtue of a
prisoner’s sentence.
2.
The imposition of solitary confinement should be prohibited in the case ofprisoners with mental or physical disabilities when their conditions would be
exacerbated by such measures. The prohibition of the use of solitary confinement
and similar measures in cases involving women and children, as referred to in other18

V.15-03585

E/CN.15/2015/L.6/Rev.1

United Nations standards and norms in crime prevention and criminal justice,28
continues to apply.
Rule 46
1.
Health-care personnel shall not have any role in the imposition of disciplinary
sanctions or other restrictive measures. They shall, however, pay particular attention
to the health of prisoners held under any form of involuntary separation, including
by visiting such prisoners on a daily basis and providing prompt medical assistanceand treatment at the request of such prisoners or prison staff.
2.
Health-care personnel shall report to the director, without delay, any adverse
effect of disciplinary sanctions or other restrictive measures on the physical ormental health of a prisoner subjected to such sanctions or measures and shall advise
the director if they consider it necessary to terminate or alter them for physical ormental health reasons.
3.
Health-care personnel shall have the authority to review and recommend
changes to the involuntary separation of a prisoner in order to ensure that suchseparation does not exacerbate the medical condition or mental or physicaldisability of the prisoner.
Instruments of restraint
Rule 47
1.
The use of chains, irons or other instruments of restraint which are inherently
degrading or painful shall be prohibited.
2.
Other instruments of restraint shall only be used when authorized by law andin the following circumstances:(a) As a precaution against escape during a transfer, provided that they are
removed when the prisoner appears before a judicial or administrative authority;(b) By order of the prison director, if other methods of control fail, in orderto prevent a prisoner from injuring himself or herself or others or from damaging
property; in such instances, the director shall immediately alert the physician orother qualified health-care professionals and report to the higher administrative
authority.
Rule 48
1.
When the imposition of instruments of restraint is authorized in accordancewith paragraph 2 of rule 47, the following principles shall apply:(a) Instruments of restraint are to be imposed only when no lesser form ofcontrol would be effective to address the risks posed by unrestricted movement;__________________
28 See rule 67 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty(resolution 45/113, annex); and rule 22 of the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)(resolution 65/229, annex).

V.15-03585

19

E/CN.15/2015/L.6/Rev.1(b) The method of restraint shall be the least intrusive method that isnecessary and reasonably available to control the prisoner’s movement, based on thelevel and nature of the risks posed;(c) Instruments of restraint shall be imposed only for the time periodrequired, and they are to be removed as soon as possible after the risks posed byunrestricted movement are no longer present.
2.
Instruments of restraint shall never be used on women during labour, duringchildbirth and immediately after childbirth.
Rule 49
The prison administration should seek access to, and provide training in the use of,control techniques that would obviate the need for the imposition of instruments ofrestraint or reduce their intrusiveness.
Searches of prisoners and cells
Rule 50
The laws and regulations governing searches of prisoners and cells shall be inaccordance with obligations under international law and shall take into accountinternational standards and norms, keeping in mind the need to ensure security inthe 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 theprinciples of proportionality, legality and necessity.
Rule 51
Searches shall not be used to harass, intimidate or unnecessarily intrude upon aprisoner’s privacy. For the purpose of accountability, the prison administration shallkeep appropriate records of searches, in particular strip and body cavity searches
and searches of cells, as well as the reasons for the searches, the identities of those
who conducted them and any results of the searches.
Rule 52
1.
Intrusive searches, including strip and body cavity searches, should beundertaken only if absolutely necessary. Prison administrations shall be encouraged
to develop and use appropriate alternatives to intrusive searches. Intrusive searches
shall be conducted in private and by trained staff of the same sex as the prisoner.
2.
Body cavity searches shall be conducted only by qualified health-care
professionals other than those primarily responsible for the care of the prisoner or,
at a minimum, by staff appropriately trained by a medical professional in standardsof hygiene, health and safety.
Rule 53
Prisoners shall have access to, or be allowed to keep in their possession without
access by the prison administration, documents relating to their legal proceedings.

20

V.15-03585

E/CN.15/2015/L.6/Rev.1

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;(b) His or her rights, including authorized methods of seeking information,access to legal advice, including through legal aid schemes, and procedures formaking 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.
Rule 55
1.
The information referred to in rule 54 shall be available in the most commonlyused languages in accordance with the needs of the prison population. If a prisoner
does not understand any of those languages, interpretation assistance should be
provided.
2.
If a prisoner is illiterate, the information shall be conveyed to him or her
orally. Prisoners with sensory disabilities should be provided with information in amanner appropriate to their needs.
3.
The prison administration shall prominently display summaries of theinformation in common areas of the prison.
Rule 56
1.
Every prisoner shall have the opportunity each day to make requests orcomplaints to the prison director or the prison staff member authorized to represent
him or her.
2.
It shall be possible to make requests or complaints to the inspector of prisons
during his or her inspections. The prisoner shall have the opportunity to talk to theinspector or any other inspecting officer freely and in full confidentiality, without
the director or other members of the staff being present.
3.
Every prisoner shall be allowed to make a request or complaint regarding his
or her treatment, without censorship as to substance, to the central prison
administration and to the judicial or other competent authorities, including thosevested with reviewing or remedial power.
4.
The rights under paragraphs 1 to 3 of this rule shall extend to the legal adviserof the prisoner. In those cases where neither the prisoner nor his or her legal adviser
has the possibility to exercise such rights, a member of the prisoner’s family or any
other person who has knowledge of the case may do so.

V.15-03585

21

E/CN.15/2015/L.6/Rev.1

Rule 57
1.
Every request or complaint shall be promptly dealt with and replied to without
delay. If the request or complaint is rejected, or in the event of undue delay, thecomplainant shall be entitled to bring it before a judicial or other authority.
2.
Safeguards shall be in place to ensure that prisoners can make requests orcomplaints safely and, if so requested by the complainant, in a confidential manner.
A prisoner or other person mentioned in paragraph 4 of rule 56 must not be exposed
to any risk of retaliation, intimidation or other negative consequences as a result of
having submitted a request or complaint.
3.
Allegations of torture or other cruel, inhuman or degrading treatment or
punishment of prisoners shall be dealt with immediately and shall result in a prompt
and impartial investigation conducted by an independent national authority inaccordance with paragraphs 1 and 2 of rule 71.
Contact with the 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,telecommunication, electronic, digital and other means; and
(b)

where

available,

By receiving visits.

2.
Where conjugal visits are allowed, this right shall be applied without
discrimination, and women prisoners shall be able to exercise this right on an equalbasis with men. Procedures shall be in place and premises shall be made available toensure fair and equal access with due regard to safety and dignity.
Rule 59
Prisoners shall be allocated, to the extent possible, to prisons close to their homes ortheir places of social rehabilitation.
Rule 601.
Admission of visitors to the prison facility is contingent upon the visitor’sconsent to being searched. The visitor may withdraw his or her consent at any timein which case the prison administration may refuse access.
2.
Search and entry procedures for visitors shall not be degrading and shall begoverned by principles at least as protective as those outlined in rules 50 to 52.
Body cavity searches should be avoided and should not be applied to children.
Rule 611.
Prisoners shall be provided with adequate opportunity, time and facilities to bevisited by and to communicate and consult with a legal adviser of their own choiceor a legal aid provider, without delay, interception or censorship and in fullconfidentiality, on any legal matter, in conformity with applicable domestic law.
Consultations may be within sight, but not within hearing, of prison staff.

22

V.15-03585

E/CN.15/2015/L.6/Rev.1

2.
In cases in which prisoners do not speak the local language, the prison
administration shall facilitate access to the services of an independent competentinterpreter.
3.

Prisoners should have access to effective legal aid.

Rule 621.
Prisoners who are foreign nationals shall be allowed reasonable facilities tocommunicate with the diplomatic and consular representatives of the State to which
they belong.
2.
Prisoners who are nationals of States without diplomatic or consular
representation in the country and refugees or stateless persons shall be allowed
similar facilities to communicate with the diplomatic representative of the State
which takes charge of their interests or any national or international authority whose
task it is to protect such persons.
Rule 63
Prisoners shall be kept informed regularly of the more important items of news by
the reading of newspapers, periodicals or special institutional publications, by
hearing wireless transmissions, by lectures or by any similar means as authorized orcontrolled by the prison administration.
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.
Religion
Rule 65
1.
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 thenumber of prisoners justifies it and conditions permit, the arrangement should be ona full-time basis.
2.
A qualified representative appointed or approved under paragraph 1 of thisrule shall be allowed to hold regular services and to pay pastoral visits in private toprisoners of his or her religion at proper times.
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 respected.
Rule 66
So far as practicable, every prisoner shall be allowed to satisfy the needs of his or
her religious life by attending the services provided in the prison and having in his

V.15-03585

23

E/CN.15/2015/L.6/Rev.1

or her possession the books of religious observance and instruction of his or her
denomination.
Retention of prisoners’ property
Rule 67
1.
All money, valuables, clothing and other effects belonging to a prisoner which
under the prison regulations he or she is not allowed to retain shall on his or her
admission to the prison be placed in safe custody. An inventory thereof shall besigned by the prisoner. Steps shall be taken to keep them in good condition.
2.
On the release of the prisoner, all such articles and money shall be returned tohim or her except in so far as he or she has been authorized to spend money or send
any such property out of the prison, or it has been found necessary on hygienic
grounds to destroy any article of clothing. The prisoner shall sign a receipt for thearticles and money returned to him or her.
3.
Any money or effects received for a prisoner from outside shall be treated in
the same way.
4.
If a prisoner brings in any drugs or medicine, the physician or other qualified
health-care professionals shall decide what use shall be made of them.
Notifications
Rule 68
Every prisoner shall have the right, and shall be given the ability and means, toinform 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 anotherinstitution and about any serious illness or injury. The sharing of prisoners’ personal
information shall be subject to domestic legislation.
Rule 69
In the event of a prisoner’s death, the prison director shall at once inform theprisoner’s next of kin or emergency contact. Individuals designated by a prisoner toreceive his or her health information shall be notified by the director of theprisoner’s serious illness, injury or transfer to a health institution. The explicit
request of a prisoner not to have his or her spouse or nearest relative notified in theevent of illness or injury shall be respected.
Rule 70
The prison administration shall inform a prisoner at once of the serious illness ordeath of a near relative or any significant other. Whenever circumstances allow, theprisoner should be authorized to go, either under escort or alone, to the bedside of anear relative or significant other who is critically ill, or to attend the funeral of anear relative or significant other.

24

V.15-03585

E/CN.15/2015/L.6/Rev.1

Investigations
Rule 71
1.
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 administrationand mandated to conduct prompt, impartial and effective investigations into thecircumstances and causes of such cases. The prison administration shall fully
cooperate with that authority and ensure that all evidence is preserved.
2.
The obligation in paragraph 1 of this rule shall equally apply whenever there
are reasonable grounds to believe that an act of torture or other cruel, inhuman ordegrading treatment or punishment has been committed in prison, irrespective ofwhether a formal complaint has been received.
3.
Whenever there are reasonable grounds to believe that an act referred to inparagraph 2 of this rule has been committed, steps shall be taken immediately toensure that all potentially implicated persons have no involvement in theinvestigation and no contact with the witnesses, the victim or the victim’s family.
Rule 72
The prison administration shall treat the body of a deceased prisoner with respectand dignity. The body of a deceased prisoner should be returned to his or her next of
kin as soon as reasonably possible, at the latest upon completion of theinvestigation. The prison administration shall facilitate a culturally appropriate
funeral if there is no other responsible party willing or able to do so and shall keep afull record of the matter.
Removal of prisoners
Rule 73
1.
When the 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 way 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.
Institutional personnel
Rule 74
1.
The prison administration shall provide for the careful selection of every gradeof the personnel, since it is on their integrity, humanity, professional capacity andpersonal suitability for the work that the proper administration of prisons depends.
2.
The prison administration shall constantly seek to awaken and maintain in theminds both of the personnel and of the public the conviction that this work is a

V.15-03585

25

E/CN.15/2015/L.6/Rev.1

social service of great importance, and to this end all appropriate means of
informing the public should be used.
3.
To secure the foregoing ends, personnel shall be appointed on a full-time basis
as professional prison staff and have civil service status with security of tenure
subject only to good conduct, efficiency and physical fitness. Salaries shall beadequate to attract and retain suitable men and women; employment benefits andconditions of service shall be favourable in view of the exacting nature of the work.
Rule 75
1.
All prison staff shall possess an adequate standard of education and shall begiven the ability and means to carry out their duties in a professional manner.
2.
Before entering on duty, all prison staff shall be provided with training tailoredto their general and specific duties, which shall be reflective of contemporary
evidence-based best practice in penal sciences. Only those candidates who
successfully pass the theoretical and practical tests at the end of such training shallbe allowed to enter the prison service.
3.
The prison administration shall ensure the continuous provision of in-service
training courses with a view to maintaining and improving the knowledge andprofessional capacity of its personnel, after entering on duty and during their career.
Rule 76
1.
Training referred to in paragraph 2 of rule 75 shall include, at a minimum,
training on:(a) Relevant national legislation, regulations and policies, as well as
applicable international and regional instruments, the provisions of which must
guide the work and interactions of prison staff with inmates;(b) Rights and duties of prison staff in the exercise of their functions,
including respecting the human dignity of all prisoners and the prohibition ofcertain conduct, in particular torture and other cruel, inhuman or degrading
treatment or punishment;(c) Security and safety, including the concept of dynamic security, the use offorce and instruments of restraint, and the management of violent offenders, withdue consideration of preventive and defusing techniques, such as negotiation andmediation;(d) First aid, the psychosocial needs of prisoners and the corresponding
dynamics in prison settings, as well as social care and assistance, including early
detection of mental health issues.
2.
Prison staff who are in charge of working with certain categories of prisoners,
or who are assigned other specialized functions, shall receive training that has acorresponding focus.
Rule 77
All prison staff shall at all times so conduct themselves and perform their duties as
to influence the prisoners for good by their example and to command their respect.

26

V.15-03585

E/CN.15/2015/L.6/Rev.1

Rule 781.
So far as possible, prison staff shall include a sufficient number of specialists
such as psychiatrists, psychologists, social workers, teachers and trade instructors.
2.
The services of social workers, teachers and trade instructors shall be secured
on a permanent basis, without thereby excluding part-time or voluntary workers.
Rule 79
1.
The prison director should be adequately qualified for his or her task bycharacter, administrative ability, suitable training and experience.
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 shall reside on thepremises of the prison or in its immediate vicinity.
3.
When two or more prisons are under the authority of one director, he or she
shall visit each of them at frequent intervals. A responsible resident official shall bein charge of each of these prisons.
Rule 80
1.
The prison director, his or her deputy, and the majority of other prison staff
shall be able to speak the language of the greatest number of prisoners, or alanguage understood by the greatest number of them.
2.

Whenever necessary, the services of a competent interpreter shall be used.

Rule 811.
In a prison for both men and women, the part of the prison set aside forwomen shall be under the authority of a responsible woman staff member who shallhave the custody of the keys of all that part of the prison.
2.
No male staff member shall enter the part of the prison set aside for women
unless accompanied by a woman staff member.
3.
Women prisoners shall be attended and supervised only by women staff
members. This does not, however, preclude male staff members, particularly doctors
and teachers, from carrying out their professional duties in prisons or parts ofprisons set aside for women.
Rule 821.
Prison staff shall not, in their relations with the prisoners, use force except in
self-defence or in cases of attempted escape, or active or passive physical resistanceto an order based on law or regulations. Prison staff who have recourse to force
must use no more than is strictly necessary and must report the incident immediately
to the prison director.
2.
Prison staff shall be given special physical training to enable them to restrain
aggressive prisoners.
3.
Except in special circumstances, prison staff performing duties which bringthem into direct contact with prisoners should not be armed. Furthermore, prison

V.15-03585

27

E/CN.15/2015/L.6/Rev.1

staff should in no circumstances be provided with arms unless they have been
trained in their use.
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;(b) External inspections conducted by a body independent of the prison
administration, which may include competent international or regional bodies.
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, andthat the rights of prisoners are protected.
Rule 841.

Inspectors shall have the authority:(a) To access all information on the numbers of prisoners and places andlocations of detention, as well as all information relevant to the treatment ofprisoners, including their records and conditions of detention;(b) To freely choose which prisons to visit, including by making
unannounced visits at their own initiative, and which prisoners to interview;(c) To conduct private and fully confidential interviews with prisoners andprison staff in the course of their visits;(d) To make recommendations to the prison administration and othercompetent authorities.
2.
External inspection teams shall be composed of qualified and experienced
inspectors appointed by a competent authority and shall encompass health-care
professionals. Due regard shall be given to balanced gender representation.
Rule 851.
Every inspection shall be followed by a written report to be submitted to thecompetent authority. Due consideration shall be given to making the reports ofexternal inspections publicly available, excluding any personal data on prisoners
unless they have given their explicit consent.
2.
The prison administration or other competent authorities, as appropriate, shallindicate, within a reasonable time, whether they will implement therecommendations resulting from the external inspection.

28

V.15-03585

E/CN.15/2015/L.6/Rev.1

II. Rules applicable to special categories
A.

Prisoners under sentence
Guiding principles
Rule 86
The guiding principles hereafter are intended to show the 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 theserules.
Rule 87
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 society. This aim may beachieved, depending on the case, by a pre-release regime organized in the same
prison or in another appropriate institution, or by release on trial under some kind of
supervision which must not be entrusted to the police but should be combined witheffective social aid.
Rule 88
1.
The treatment of prisoners should emphasize not their exclusion from thecommunity, but their continuing part in it. Community agencies should, therefore,
be enlisted wherever possible to assist the prison staff in the task of social
rehabilitation of the prisoners.
2.
There should be in connection with every prison social workers charged withthe duty of maintaining and improving all desirable relations of a prisoner with hisor her family and with valuable social agencies. Steps should be taken to safeguard,
to the maximum extent compatible with the law and the sentence, the rights relating
to civil interests, social security rights and other social benefits of prisoners.
Rule 89
1.
The fulfilment of these principles requires individualization of treatment andfor this purpose a flexible system of classifying prisoners in groups. It is therefore
desirable that such groups should be distributed in separate prisons suitable for thetreatment of each group.
2.
These prisons do not need to provide the same degree of security for every
group. It is desirable to provide varying degrees of security according to the needsof different groups. Open prisons, by the very fact that they provide no physicalsecurity against escape but rely on the self-discipline of the inmates, provide theconditions most favourable to the rehabilitation of carefully selected prisoners.
3.
It is desirable that the number of prisoners in closed prisons should not be solarge that the individualization of treatment is hindered. In some countries it isconsidered that the population of such prisons should not exceed five hundred. In
open prisons the population should be as small as possible.

V.15-03585

29

E/CN.15/2015/L.6/Rev.1

4.
On the other hand, it is undesirable to maintain prisons which are so small thatproper facilities cannot be provided.
Rule 90
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 prejudice against him or her andtowards his or her social rehabilitation.
Treatment
Rule 91
The treatment of persons sentenced to imprisonment or a similar measure shall haveas its purpose, so far as the length of the sentence permits, to establish in them thewill to lead law-abiding and self-supporting lives after their release and to fit themto do so. The treatment shall be such as will encourage their self-respect anddevelop their sense of responsibility.
Rule 92
1.
To these ends, all appropriate means shall be used, including religious care in
the countries where this is possible, education, vocational guidance and training,social casework, employment counselling, physical development and strengtheningof moral character, in accordance with the individual needs of each prisoner, taking
account of his or her social and criminal history, physical and mental capacities andaptitudes, personal temperament, the length of his or her sentence and prospects
after release.
2.
For every prisoner with a sentence of suitable length, the prison director shallreceive, as soon as possible after his or her admission, full reports on all the mattersreferred to in paragraph 1 of this rule. Such reports shall always include a report by
the physician or other qualified health-care professionals on the physical and mental
condition of the prisoner.
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 way that it can be consulted
by the responsible personnel whenever the need arises.
Classification and individualization
Rule 93
1.

The purposes 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;(b) To divide the prisoners into classes in order to facilitate their treatment
with a view to their social rehabilitation.
2.
So far as possible, separate prisons or separate sections of a prison shall be
used for the treatment of different classes of prisoners.

30

V.15-03585

E/CN.15/2015/L.6/Rev.1

Rule 94
As soon as possible after admission and after a study of the personality of eachprisoner with a sentence of suitable length, a programme of treatment shall be
prepared for him or her in the light of the knowledge obtained about his or her
individual needs, capacities and dispositions.
Privileges
Rule 95
Systems of privileges appropriate for the different classes of prisoners and thedifferent methods of treatment shall be established at every prison, in order toencourage good conduct, develop a sense of responsibility and secure the interest
and cooperation of prisoners in their treatment.
Work
Rule 961.
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 professional.
2.
Sufficient work of a useful nature shall be provided to keep prisoners actively
employed for a normal working day.
Rule 971.

Prison labour must not be of an afflictive nature.

2.

Prisoners shall not be held in slavery or servitude.

3.
No prisoner shall be required to work for the personal or private benefit of any
prison staff.
Rule 981.
So far as possible the work provided shall be such as will maintain or increase
the prisoners’ ability to earn an honest living after release.
2.
Vocational training in useful trades shall be provided for prisoners able toprofit thereby and especially for young prisoners.
3.
Within the limits compatible with proper vocational selection and with therequirements of institutional administration and discipline, prisoners shall be able tochoose the type of work they wish to perform.
Rule 99
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 prepare prisoners for theconditions of normal occupational life.
2.
The interests of the prisoners and of their vocational training, however, mustnot be subordinated to the purpose of making a financial profit from an industry in
the prison.

V.15-03585

31

E/CN.15/2015/L.6/Rev.1

Rule 1001.
Preferably institutional industries and farms should be operated directly by theprison administration and not by private contractors.
2.
Where prisoners are employed in work not controlled by the prison
administration, they shall always be under the supervision of prison staff. Unless thework is for other departments of the government, the full normal wages for suchwork shall be paid to the prison administration by the persons to whom the labour is
supplied, account being taken of the output of the prisoners.
Rule 101
1.
The precautions laid down to protect the safety and health of free workers
shall be equally observed in prisons.
2.
Provision shall be made to indemnify prisoners against industrial injury,
including occupational disease, on terms not less favourable than those extended bylaw to free workers.
Rule 102
1.
The maximum daily and weekly working hours of the prisoners shall be fixedby law or by administrative regulation, taking into account local rules or custom inregard to the employment of free workers.
2.
The hours so fixed shall leave one rest day a week and sufficient time foreducation and other activities required as part of the treatment and rehabilitation ofprisoners.
Rule 1031.

There shall be a system of equitable remuneration of the work of prisoners.

2.
Under the system prisoners shall be allowed to spend at least a part of theirearnings on approved articles for their own use and to send a part of their earnings
to their family.
3.
The system should also provide that a part of the earnings should be set aside
by the prison administration so as to constitute a savings fund to be handed over tothe prisoner on his or her release.
Education and recreation
Rule 104
1.
Provision shall be made for the further education of all prisoners capable ofprofiting thereby, including religious instruction in the countries where this ispossible. The education of illiterate prisoners and of young prisoners shall becompulsory and special attention shall be paid to it by the prison administration.
2.
So far as practicable, the education of prisoners shall be integrated with theeducational system of the country so that after their release they may continue theireducation without difficulty.

32

V.15-03585

E/CN.15/2015/L.6/Rev.1

Rule 105
Recreational and cultural activities shall be provided in all prisons for the benefit of
the mental and physical health of prisoners.
Social relations and aftercare
Rule 106Special attention shall be paid to the maintenance and improvement of such
relations between a prisoner and his or her family as are desirable in the bestinterests of both.
Rule 107
From the beginning of a prisoner’s sentence, consideration shall be given to his or
her future after release and he or she shall be encouraged and provided assistance tomaintain or establish such relations with persons or agencies outside the prison as
may promote the prisoner’s rehabilitation and the best interests of his or her family.
Rule 1081.
Services and agencies, governmental or otherwise, which assist released
prisoners in re-establishing themselves in society shall ensure, so far as is possible
and necessary, that released prisoners are provided with appropriate documents andidentification papers, have suitable homes and work to go to, are suitably andadequately clothed having regard to the climate and season and have sufficientmeans to reach their destination and maintain themselves in the period immediately
following their release.
2.
The approved representatives of such agencies shall have all necessary accessto the prison and to prisoners and shall be taken into consultation as to the future ofa prisoner from the beginning of his or her sentence.
3.
It is desirable that the activities of such agencies shall be centralized orcoordinated as far as possible in order to secure the best use of their efforts.

B.

Prisoners with mental disabilities and/or health conditions
Rule 1091.
Persons who are found to be not criminally responsible, or who are later
diagnosed with severe mental disabilities and/or health conditions, for whomstaying 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.
2.
If necessary, other prisoners with mental disabilities and/or health conditions
can be observed and treated in specialized facilities under the supervision ofqualified health-care professionals.
3.
The health-care service shall provide for the psychiatric treatment of all otherprisoners who are in need of such treatment.

V.15-03585

33

E/CN.15/2015/L.6/Rev.1

Rule 110
It is desirable that steps should be taken, by arrangement with the appropriate
agencies, to ensure if necessary the continuation of psychiatric treatment after
release and the provision of social-psychiatric aftercare.

C.

Prisoners under arrest or awaiting trial
Rule 1111.
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 inthese rules.
2.
Unconvicted prisoners are presumed to be innocent and shall be treated assuch.
3.
Without prejudice to legal rules for the protection of individual liberty orprescribing the procedure to be observed in respect of untried prisoners, theseprisoners shall benefit from a special regime which is described in the following
rules in its essential requirements only.
Rule 112
1.

Untried prisoners shall be kept separate from convicted prisoners.

2.
Young untried prisoners shall be kept separate from adults and shall in
principle be detained in separate institutions.
Rule 113
Untried prisoners shall sleep singly in separate rooms, with the reservation ofdifferent local custom in respect of the climate.
Rule 114
Within the limits compatible with the good order of the institution, untried prisoners
may, if they so desire, have their food procured at their own expense from theoutside, either through the administration or through their family or friends.
Otherwise, the administration shall provide their food.
Rule 115
An untried prisoner shall be allowed to wear his or her own clothing if it is cleanand suitable. If he or she wears prison dress, it shall be different from that supplied
to convicted prisoners.
Rule 116
An untried prisoner shall always be offered opportunity to work, but shall not be
required to work. If he or she chooses to work, he or she shall be paid for it.

34

V.15-03585

E/CN.15/2015/L.6/Rev.1

Rule 117An untried prisoner shall be allowed to procure at his or her own expense or at theexpense of a third party such books, newspapers, writing material and other meansof occupation as are compatible with the interests of the administration of justiceand the security and good order of the institution.
Rule 118
An untried prisoner shall be allowed to be visited and treated by his or her own
doctor or dentist if there are reasonable grounds for the application and he or she isable to pay any expenses incurred.
Rule 1191.
Every untried prisoner has the right to be promptly informed about the reasonsfor his or her detention and about any charges against him or her.
2.
If an untried prisoner does not have a legal adviser of his or her own choice,he or she shall be entitled to have a legal adviser assigned to him or her by a judicial
or other authority in all cases where the interests of justice so require and without
payment by the untried prisoner if he or she does not have sufficient means to pay.
Denial of access to a legal adviser shall be subject to independent review without
delay.
Rule 120
1.
The entitlements and modalities governing the access of an untried prisoner tohis or her legal adviser or legal aid provider for the purpose of his or her defence
shall be governed by the same principles as outlined in rule 61.
2.
An untried prisoner shall, upon request, be provided with writing material forthe 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
In countries where the law permits imprisonment for debt, or by order of a 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 andgood order. Their treatment shall be not less favourable than that of untried
prisoners, with the reservation, however, that they may possibly be required towork.

V.15-03585

35

E/CN.15/2015/L.6/Rev.1

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,29 persons arrested or imprisoned without charge shall beaccorded the same protection as that accorded under part I and part II, section C, ofthese rules. Relevant provisions of part II, section A, of these rules shall likewise beapplicable where their application may be conducive to the benefit of this specialgroup of persons in custody, provided that no measures shall be taken implying that
re-education or rehabilitation is in any way appropriate to persons not convicted ofany criminal offence.

__________________
29 See resolution 2200 A (XXI), annex.

36

V.15-03585