United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules)
A/RES/70/175
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 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.
Rule 41
1.
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 the
language used at a disciplinary hearing, they shall be assisted by a competent
interpreter free of charge.
4.
Prisoners shall have an opportunity to seek judicial review of disciplinary
sanctions imposed against them.
5.
In the event that a breach of discipline is prosecuted as a crime, prisoners shall
be 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 and physical exercise, personal hygiene, health care and adequate personal space,
shall apply to all prisoners without exception.
Rule 43
1.
In no circumstances may restrictions or disciplinary sanctions amount to
torture 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)
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Corporal punishment or the reduction of a prisoner’s diet or drinking
Collective punishment.