United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules)
A/RES/70/175
2.
Other instruments of restraint shall only be used when authorized by law and
in 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 order
to prevent a prisoner from injuring himself or herself or others or from damaging
property; in such instances, the director shall immediately alert the physician or other
qualified health-care professionals and report to the higher administrative authority.
Rule 48
1.
When the imposition of instruments of restraint is authorized in accordance
with paragraph 2 of rule 47, the following principles shall apply:
(a) Instruments of restraint are to be imposed only when no lesser form of
control would be effective to address the risks posed by unrestricted movement;
(b) The method of restraint shall be the least intrusive method that is
necessary and reasonably available to control the prisoner’s movement, based on the
level and nature of the risks posed;
(c) Instruments of restraint shall be imposed only for the time period
required, and they are to be removed as soon as possible after the risks posed by
unrestricted movement are no longer present.
2.
Instruments of restraint shall never be used on women during labour, during
childbirth 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 of restraint or reduce their intrusiveness.
Searches of prisoners and cells
Rule 50
The laws and regulations governing searches of prisoners and cells shall be in
accordance with obligations under international law and shall take into account
international standards and norms, keeping in mind the need to ensure security in
the 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 the
principles of proportionality, legality and necessity.
Rule 51
Searches shall not be used to harass, intimidate or unnecessarily intrude upon a
prisoner’s privacy. For the purpose of accountability, the prison administration shall
keep 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 be
undertaken only if absolutely necessary. Prison administrations shall be encouraged
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