Adopted Aug. 30, 1955 by the First
United Nations Congress on the Prevention of Crime and the
Treatment of Offenders,
U.N. Doc. A/CONF/611,
annex I, E.S.C. res. 663C, 24 U.N. ESCOR Supp. (No. 1) at 11,
U.N. Doc. E/3048 (1957), amended E.S.C. res. 2076, 62 U.N. ESCOR
Supp.
(No. 1) at 35, U.N. Doc. E/5988 (1977).
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.
p(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
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.
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