THE NELSON MANDELA RULES
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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)
Corporal punishment or the reduction of a prisoner’s diet or drinking
water;
(e)
Collective punishment.
2. Instruments of restraint shall never be applied as a sanction for
disciplinary offences.
3. Disciplinary sanctions or restrictive measures shall not include the
prohibition of family contact. The means of family contact may only be restricted