THE NELSON MANDELA RULES
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contact person, about his or her imprisonment, about his or her transfer to
another institution and about any serious illness or injury. The sharing of
prisoners’ personal information shall be subject to domestic legislation.
Rule 69
In the event of a prisoner’s death, the prison director shall at once inform
the prisoner’s next of kin or emergency contact. Individuals designated by a
prisoner to receive his or her health information shall be notified by the
director of the prisoner’s serious illness, injury or transfer to a health
institution. The explicit request of a prisoner not to have his or her spouse or
nearest relative notified in the event of illness or injury shall be respected.
Rule 70
The prison administration shall inform a prisoner at once of the serious
illness or death of a near relative or any significant other. Whenever
circumstances allow, the prisoner should be authorized to go, either under
escort or alone, to the bedside of a near relative or significant other who is
critically ill, or to attend the funeral of a near relative or significant other.
Investigations
Rule 71
1. Notwithstanding the initiation of an internal investigation, the prison
director shall report, without delay, any custodial death, disappearance or
serious injury to a judicial or other competent authority that is independent
of the prison administration and mandated to conduct prompt, impartial and
effective investigations into the circumstances and causes of such cases.
The prison administration shall fully cooperate with that authority and
ensure that all evidence is preserved.
2. The obligation in paragraph 1 of this rule shall equally apply whenever
there are reasonable grounds to believe that an act of torture or other cruel,
inhuman or degrading treatment or punishment has been committed in
prison, irrespective of whether a formal complaint has been received.
3. Whenever there are reasonable grounds to believe that an act referred
to in paragraph 2 of this rule has been committed, steps shall be taken
immediately to ensure that all potentially implicated persons have no
involvement in the investigation and no contact with the witnesses, the
victim or the victim’s family.