United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules)
A/RES/70/175
Rule 108
1.
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 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 prison and to prisoners and shall be taken into consultation as to the future of
a prisoner from the beginning of his or her sentence.
3.
It is desirable that the activities of such agencies shall be centralized or
coordinated as far as possible in order to secure the best use of their efforts.
B.
Prisoners with mental disabilities and/or health conditions
Rule 109
1.
Persons who are found to be not criminally responsible, or who are later
diagnosed with severe mental disabilities and/or health conditions, for whom
staying 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 of
qualified health-care professionals.
3.
The health-care service shall provide for the psychiatric treatment of all other
prisoners who are in need of such treatment.
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 111
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 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.
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