And also give a look to Standard Minimum Rules for the treatment of Prisoners.
Standard Minimum Rules for the Treatment of Prisoners
Adopted by the First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV)
of 31 July 1957 and 2076 (LXII) of 13 May 1977
Preliminary Observations
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 principle and practice in the treatment of prisoners and the management of institutions.
2. In view of the great variety of legal, social, economic and geographical conditions of the
world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however,
serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge
that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations.
3. 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 the central prison administration
to authorize departures from the rules in this spirit.
4. (1) Part I of the rules covers the general management of institutions, 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 the judge.
(2) Part II contains rules applicable only to the special categories dealt with in each section.
Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories
of prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those categories and
are for their benefit.
5. (1) The rules do not seek to regulate the management of institutions set aside for young
persons such as Borstal institutions or correctional schools, but in general part I would be equally applicable in such institutions.
(2) The category of young prisoners should include at least all young persons who come within
the jurisdiction of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.
PART I
RULES OF GENERAL APPLICATION
Basic principle
6. (1) The following rules shall be applied impartially. There shall be no discrimination on
grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status.
(2) On the other hand, it is necessary to respect the religious beliefs and moral precepts of
the group to which a prisoner belongs.
Register
7. (1) In every place where persons are imprisoned there shall be kept a bound registration
book with numbered pages in which shall be entered in respect of each prisoner received:
(a) Information concerning his identity;
(b) The reasons for his commitment and the authority therefor;
(c) The day and hour of his admission and release.
(2) No person shall be received in an institution without a valid commitment order of which
the details shall have been previously entered in the register. Separation of categories
8. The different categories of prisoners shall be kept in separate institutions or parts of
institutions 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 the premises 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
9. (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy
by night a cell or room by himself. 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 institution.
10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation
shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air,
minimum floor space, lighting, heating and ventilation.
11. In all places where prisoners are required to live or work,
(a) The windows shall be large enough to enable the prisoners to read or work by natural light,
and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient for the prisoners to read or work without
injury to eyesight.
12. The 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.
13. Adequate bathing and shower installations shall be provided so that every prisoner may be
enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general
hygiene according to season and geographical region, but at least once a week in a temperate climate.
14. All pans of an institution regularly used by prisoners shall be properly maintained and
kept scrupulously clean at all times.
Personal hygiene
15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided
with water and with such toilet articles as are necessary for health and cleanliness.
16. In order that prisoners may maintain a good appearance compatible with their self-respect,
facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.
Clothing and bedding
17. ( I ) Every prisoner who is not allowed to wear his own clothing shall be provided with
an outfit of clothing suitable for the climate and adequate to keep him 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 shall be changed
and washed as often as necessary for the maintenance of hygiene.
(3) In exceptional circumstances, whenever a prisoner is removed outside the institution for
an authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing.
18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their
admission to the institution to ensure that it shall be clean and fit for use.
19. 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
20. (1) Every prisoner shall be provided by the administration at the usual hours with food
of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.
(2) Drinking water shall be available to every prisoner whenever he needs it.
Exercise and sport
21. (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.
Medical services
22. (1) At every institution there shall be available the services of at least one qualified
medical officer who should have some knowledge of psychiatry. The medical services should be organized in close relationship
to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis
and, in proper cases, the treatment of states of mental abnormality.
(2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions
or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical
supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained
officers.
(3) The services of a qualified dental officer shall be available to every prisoner.
23. (1) In women's institutions there shall be special accommodation for all necessary pre-natal
and post-natal care and treatment. Arrangements shall be made wherever practicable for children to be torn in a hospital outside
the institution. If a child is born in prison, this fact shall not be mentioned in the birth certificate.
(2) Where nursing infants are allowed to remain in the institution with their mothers, provision
shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care
of their mothers.
24. The medical officer shall see and examine every prisoner as soon as possible after his admission
and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all
necessary measures; the segregation of prisoners suspected of infectious or contagious conditions; the noting of physical
or mental defects which might hamper rehabilitation, and the determination of the physical capacity of every prisoner for
work.
25. (1) The medical officer shall have the care of the physical and mental health of the prisoners
and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially
directed.
(2) The medical officer shall report to the director whenever he considers that a prisoner's
physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.
26. ( I ) The medical officer shall regularly inspect and advise the director upon:
(a) The quantity, quality, preparation and service of food;
(b) The hygiene and cleanliness of the institution and the prisoners;
(c) The sanitation, heating, lighting and ventilation of the institution;
(d) The suitability and cleanliness of the prisoners' clothing and bedding;
(e) The observance of the rules concerning physical education and sports, in cases where there
is no technical personnel in charge of these activities.
(2) The director shall take into consideration the reports and advice that the medical officer
submits according to rules 25 (2) and 26 and, in case he concurs with the recommendations made, shall take immediate steps
to give effect to those recommendations; if they are not within his competence or if he does not concur with them, he shall
immediately submit his own report and the advice of the medical officer to higher authority.
Discipline and punishment
27. Discipline and order shall be maintained with firmness, but with no more restriction than
is necessary for safe custody and well-ordered community life.
28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary
capacity.
(2) This rule shall not, however, impede the proper functioning of systems based on 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.
29. The following shall always be determined by the law or by the regulation of the competent
administrative authority:
(a) Conduct constituting a disciplinary offence;
(b) The types and duration of punishment which may be inflicted;
(c) The authority competent to impose such punishment.
30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation,
and never twice for the same offence.
(2) No prisoner shall be punished unless he has been informed of the offence alleged against
him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination
of the case.
(3) Where necessary and practicable the prisoner shall be allowed to make his defence through
an interpreter.
31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading
punishments shall be completely prohibited as punishments for disciplinary offences.
32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless
the medical officer has examined the prisoner and certified in writing that he is fit to sustain it.
(2) The same shall apply to any other punishment that may be prejudicial to the physical or
mental health of a prisoner. In no case may such punishment be contrary to or depart from the principle stated in rule 31.
(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise
the director if he considers the termination or alteration of the punishment necessary on grounds of physical or mental health.
Instruments of restraint
33. Instruments of restraint, such as handcuffs, chains, irons and strait-jacket, shall never
be applied as a punishment. Furthermore, chains or irons shall not be used as restraints. Other instruments of restraint shall
not be used except in the following circumstances:
(a) As a precaution against escape during a transfer, provided that they shall be removed when
the prisoner appears before a judicial or administrative authority;
(b) On medical grounds by direction of the medical officer; (c) By order of the director, if
other methods of control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in
such instances the director shall at once consult the medical officer and report to the higher administrative authority.
34. The patterns and manner of use of instruments of restraint shall be decided by the central
prison administration. Such instruments must not be applied for any longer time than is strictly necessary.
Information to and complaints by prisoners
35. (1) Every prisoner on admission shall be provided with written information about the regulations
governing the treatment of prisoners of his category, the disciplinary requirements of the institution, the authorized methods
of seeking information and making complaints, and all such other matters as are necessary to enable him to understand both
his rights and his obligations and to adapt himself to the life of the institution.
(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.
36. (1) Every prisoner shall have the opportunity each week day of making requests or complaints
to the director of the institution or the officer authorized to represent him.
(2) It shall be possible to make requests or complaints to the inspector of prisons during his
inspection. The prisoner shall have the opportunity to talk to the inspector or to any other inspecting officer without the
director or other members of the staff being present.
(3) Every prisoner shall be allowed to make a request or complaint, without censorship as to
substance but in proper form, to the central prison administration, the judicial authority or other proper authorities through
approved channels.
(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly
dealt with and replied to without undue delay.
Contact with the outside world
37. Prisoners shall be allowed under necessary supervision to communicate with their family
and reputable friends at regular intervals, both by correspondence and by receiving visits.
38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate
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.
39. 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 or controlled by the administration.
Books
40. Every institution 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
41. (1) If the institution contains a sufficient number of prisoners of the same religion, a
qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions
permit, the arrangement should be on a full-time basis.
(2) A qualified representative appointed or approved under paragraph (1) shall be allowed to
hold regular services and to pay pastoral visits in private to prisoners of his 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 attitude shall be fully respected.
42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious
life by attending the services provided in the institution and having in his possession the books of religious observance
and instruction of his denomination.
Retention of prisoners' property
43. (1) All money, valuables, clothing and other effects belonging to a prisoner which under
the regulations of the institution he is not allowed to retain shall on his admission to the institution be placed in safe
custody. An inventory thereof shall be signed 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 to him except in so far as he has been authorized
to spend money or send any such property out of the institution, or it has been found necessary on hygienic grounds to destroy
any article of clothing. The prisoner shall sign a receipt for the articles and money returned to him.
(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 medical officer shall decide what use
shall be made of them.
Notification of death, illness, transfer, etc.
44. (1) Upon the death or serious illness of, or serious injury to a prisoner, or his removal
to an institution for the treatment of mental affections, the director shall at once inform the spouse, if the prisoner is
married, or the nearest relative and shall in any event inform any other person previously designated by the prisoner.
(2) A prisoner shall be informed at once of the death or serious illness of any near relative.
In case of the critical illness of a near relative, the prisoner should be authorized, whenever circumstances allow, to go
to his bedside either under escort or alone.
(3) Every prisoner shall have the right to inform at once his family of his imprisonment or
his transfer to another institution.
Removal of prisoners
45. (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 administration and
equal conditions shall obtain for all of them.
Institutional personnel
46. (1) The prison administration, shall provide for the careful selection of every grade of
the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that
the proper administration of the institutions depends.
(2) The prison administration shall constantly seek to awaken and maintain in the minds both
of the personnel and of the public the conviction that this work is a 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 officers and have civil service status with security of tenure subject only to good conduct, efficiency and physical
fitness. Salaries shall be adequate to attract and retain suitable men and women; employment benefits and conditions of service
shall be favourable in view of the exacting nature of the work.
47. (1) The personnel shall possess an adequate standard of education and intelligence.
(2) Before entering on duty, the personnel shall be given a course of training in their general
and specific duties and be required to pass theoretical and practical tests.
(3) After entering on duty and during their career, the personnel shall maintain and improve
their knowledge and professional capacity by attending courses of in-service training to be organized at suitable intervals.
48. All members of the personnel 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.
49. (1) So far as possible, the personnel 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.
50. (1) The director of an institution should be adequately qualified for his task by character,
administrative ability, suitable training and experience.
(2) He shall devote his entire time to his official duties and shall not be appointed on a part-time
basis.
(3) He shall reside on the premises of the institution or in its immediate vicinity. (4) When
two or more institutions are under the authority of one director, he shall visit each of them at frequent intervals. A responsible
resident official shall be in charge of each of these institutions.
51. (1) The director, his deputy, and the majority of the other personnel of the institution
shall be able to speak the language of the greatest number of prisoners, or a language understood by the greatest number of
them.
(2) Whenever necessary, the services of an interpreter shall be used.
52. (1) In institutions which are large enough to require the services of one or more full-time
medical officers, at least one of them shall reside on the premises of the institution or in its immediate vicinity.
(2) In other institutions the medical officer shall visit daily and shall reside near enough
to be able to attend without delay in cases of urgency.
53. (1) In an institution for both men and women, the part of the institution set aside for
women shall be under the authority of a responsible woman officer who shall have the custody of the keys of all that part
of the institution.
(2) No male member of the staff shall enter the part of the institution set aside for women
unless accompanied by a woman officer.
(3) Women prisoners shall be attended and supervised only by women officers. This does not,
however, preclude male members of the staff, particularly doctors and teachers, from carrying out their professional duties
in institutions or parts of institutions set aside for women.
54. (1) Officers of the institutions 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 resistance to an order based on law
or regulations. Officers who have recourse to force must use no more than is strictly necessary and must report the incident
immediately to the director of the institution.
(2) Prison officers shall be given special physical training to enable them to restrain aggressive
prisoners.
(3) Except in special circumstances, staff performing duties which bring them into direct contact
with prisoners should not be armed. Furthermore, staff should in no circumstances be provided with arms unless they have been
trained in their use.
Inspection
55. There shall be a regular inspection of penal institutions and services by qualified and
experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions
are administered in accordance with existing laws and regulations and with a view to bringing about the objectives of penal
and correctional services.
PART II
RULES APPLICABLE TO SPECIAL
CATEGORIES
A. PRISONERS UNDER SENTENCE
Guiding principles
56. 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 I of the present text.
57. Imprisonment and other measures which result in cutting off an offender from the outside
world are afflictive by the very fact of taking from the person the right of self-determination by depriving him of his liberty.
Therefore the prison system shall not, except as incidental to justifiable segregation or the maintenance of discipline, aggravate
the suffering inherent in such a situation.
58. The purpose and justification of a sentence of imprisonment or a similar measure deprivative
of liberty is ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is
used to ensure, so far as possible, that upon his return to society the offender is not only willing but able to lead a law-abiding
and self-supporting life.
59. To this end, the institution should utilize all the remedial, educational, moral, spiritual
and other forces and forms of assistance which are appropriate and available, and should seek to apply them according to the
individual treatment needs of the prisoners.
60. (1) The regime of the institution should seek to minimize any differences between prison
life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human
beings.
(2) 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 be achieved, depending on the case, by a pre-release
regime organized in the same institution 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 with effective social aid. 61. The treatment
of prisoners should emphasize not their exclusion from the community, but their continuing part in it. Community agencies
should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation
of the prisoners. There should be in connection with every institution social workers charged with the duty of maintaining
and improving all desirable relations of a prisoner with his 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.
62. The medical services of the institution shall seek to detect and shall treat any physical
or mental illnesses or defects which may hamper a prisoner's rehabilitation. All necessary medical, surgical and psychiatric
services shall be provided to that end.
63. (1) The fulfilment of these principles requires individualization of treatment and for this
purpose a flexible system of classifying prisoners in groups; it is therefore desirable that such groups should be distributed
in separate institutions suitable for the treatment of each group.
(2) These institutions need not provide the same degree of security for every group. It is desirable
to provide varying degrees of security according to the needs of different groups. Open institutions, by the very fact that
they provide no physical security against escape but rely on the self-discipline of the inmates, provide the conditions most
favourable to rehabilitation for carefully selected prisoners.
(3) It is desirable that the number of prisoners in closed institutions should not be so large
that the individualization of treatment is hindered. In some countries it is considered that the population of such institutions
should not exceed five hundred. In open institutions the population should be as small as possible.
(4) On the other hand, it is undesirable to maintain prisons which are so small that proper
facilities cannot be provided.
64. 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 after-care directed towards the lessening
of prejudice against him and towards his social rehabilitation.
Treatment
65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its
purpose, so far as the length of the sentence permits, to establish in them the will to lead law-abiding and self-supporting
lives after their release and to fit them to do so. The treatment shall be such as will encourage their self-respect and develop
their sense of responsibility.
66. (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 strengthening of moral character, in accordance with the individual needs of each prisoner, taking account
of his social and criminal history, his physical and mental capacities and aptitudes, his personal temperament, the length
of his sentence and his prospects after release.
(2) For every prisoner with a sentence of suitable length, the director shall receive, as soon
as possible after his admission, full reports on all the matters referred to in the foregoing paragraph. Such reports shall
always include a report by a medical officer, wherever possible qualified in psychiatry, 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
67. The purposes of classification shall be:
(a) To separate from others those prisoners who, by reason of their criminal records or bad
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.
68. So far as possible separate institutions or separate sections of an institution shall be
used for the treatment of the different classes of prisoners.
69. As soon as possible after admission and after a study of the personality of each prisoner
with a sentence of suitable length, a programme of treatment shall be prepared for him in the light of the knowledge obtained
about his individual needs, his capacities and dispositions.
Privileges
70. Systems of privileges appropriate for the different classes of prisoners and the different
methods of treatment shall be established at every institution, in order to encourage good conduct, develop a sense of responsibility
and secure the interest and co-operation of the prisoners in their treatment.
Work
71. (1) Prison labour must not be of an afflictive nature.
(2) All prisoners under sentence shall be required to work, subject to their physical and mental
fitness as determined by the medical officer.
(3) Sufficient work of a useful nature shall be provided to keep prisoners actively employed
for a normal working day.
(4) 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.
(5) Vocational training in useful trades shall be provided for prisoners able to profit thereby
and especially for young prisoners.
(6) Within the limits compatible with proper vocational selection and with the requirements
of institutional administration and discipline, the prisoners shall be able to choose the type of work they wish to perform.
72. (1) The organization and methods of work in the institutions shall resemble as closely as
possible those of similar work outside institutions, so as to prepare prisoners for the conditions of normal occupational
life.
(2) The interests of the prisoners and of their vocational training, however, must not be subordinated
to the purpose of making a financial profit from an industry in the institution.
73. (1) Preferably institutional industries and farms should be operated directly by the administration
and not by private contractors.
(2) Where prisoners are employed in work not controlled by the administration, they shall always
be under the supervision of the institution's personnel. Unless the work is for other departments of the government the full
normal wages for such work shall be paid to the administration by the persons to whom the labour is supplied, account being
taken of the output of the prisoners.
74. (1) The precautions laid down to protect the safety and health of free workmen shall be
equally observed in institutions.
(2) Provision shall be made to indemnify prisoners against industrial injury, including occupational
disease, on terms not less favourable than those extended by law to free workmen.
75. (1) The maximum daily and weekly working hours of the prisoners shall be fixed by law or
by administrative regulation, taking into account local rules or custom in regard to the employment of free workmen.
(2) The hours so fixed shall leave one rest day a week and sufficient time for education and
other activities required as part of the treatment and rehabilitation of the prisoners.
76. (1) 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 their earnings 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 administration
so as to constitute a savings fund to be handed over to the prisoner on his release.
Education and recreation
77. (1) Provision shall be made for the further education of all prisoners capable of profiting
thereby, including religious instruction in the countries where this is possible. The education of illiterates and young prisoners
shall be compulsory and special attention shall be paid to it by the administration.
(2) So far as practicable, the education of prisoners shall be integrated with the educational
system of the country so that after their release they may continue their education without difficulty. 78. Recreational and
cultural activities shall be provided in all institutions for the benefit of the mental and physical health of prisoners.
Social relations and after-care
79. Special attention shall be paid to the maintenance and improvement of such relations between
a prisoner and his family as are desirable in the best interests of both.
80. From the beginning of a prisoner's sentence consideration shall be given to his future after
release and he shall be encouraged and assisted to maintain or establish such relations with persons or agencies outside the
institution as may promote the best interests of his family and his own social rehabilitation.
81. (1) Services and agencies, governmental or otherwise, which assist released prisoners to
re-establish themselves in society shall ensure, so far as is possible and necessary, that released prisoners be provided
with appropriate documents and identification papers, have suitable homes and work to go to, are suitably and adequately clothed
having regard to the climate and season, and have sufficient means 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 access to the institution
and to prisoners and shall be taken into consultation as to the future of a prisoner from the beginning of his sentence.
(3) It is desirable that the activities of such agencies shall be centralized or co-ordinated
as far as possible in order to secure the best use of their efforts.
B. INSANE AND MENTALLY ABNORMAL PRISONERS
82. (1) Persons who are found to be insane shall not be detained in prisons and arrangements
shall be made to remove them to mental institutions as soon as possible.
(2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated
in specialized institutions under medical management.
(3) During their stay in a prison, such prisoners shall be placed under the special supervision
of a medical officer.
(4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric
treatment of all other prisoners who are in need of such treatment.
83. 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 after-care.
C. PRISONERS UNDER ARREST OR AWAITING TRIAL
84. (1) 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 in these rules.
(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.
(3) Without prejudice to legal rules for the protection of individual liberty or prescribing
the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described
in the following rules in its essential requirements only.
85. (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.
86. Untried prisoners shall sleep singly in separate rooms, with the reservation of different
local custom in respect of the climate.
87. 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 the outside, either through the administration or through
their family or friends. Otherwise, the administration shall provide their food.
88. ( I ) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.
(2) If he wears prison dress, it shall be different from that supplied to convicted prisoners.
89. An untried prisoner shall always be offered opportunity to work, but shall not be required
to work. If he chooses to work, he shall be paid for it.
90. An untried prisoner shall be allowed to procure at his own expense or at the expense of
a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests
of the administration of justice and the security and good order of the institution.
91. An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist
if there is reasonable ground for his application and he is able to pay any expenses incurred.
92. An untried prisoner shall be allowed to inform immediately his family of his detention and
shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them,
subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the
security and good order of the institution.
93. For the purposes of his defence, an untried prisoner shall be allowed to apply for free
legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare
and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material.
Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution
official.
D. CIVIL PRISONERS
94. In countries where the law perm its 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 and good order. Their treatment shall be not less favourable than that of untried prisoners,
with the reservation, however, that they may possibly be required to work.
E. PERSONS ARRESTED OR DETAINED WITHOUT CHARGE
95. Without prejudice to the provisions of article 9 of the International Covenant on Civil
and Political Rights, persons arrested or imprisoned without charge shall be accorded the same protection as that accorded
under part I and part II, section C. Relevant provisions of part II, section A, shall likewise be applicable where their application
may be conducive to the benefit of this special group 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 of any criminal offence.
CONTACT TOP HOME INSTRUMENTS DOCUMENTS INDEX SEARCH
© Copyright 1997 - 2003
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland
