the primary source of standards relating to treatment in detention, and are the
key framework used by monitoring and inspection mechanisms in assessing the
treatment of prisoners. Rule 1 provides:
All prisoners shall be treated with the respect due to their inherent
dignity and value as human beings. No prisoner shall be subjected to, and
all prisoners shall be protected from, torture and other cruel, inhuman
or degrading treatment or punishment, for which no circumstances
whatsoever may be invoked as a justification. The safety and security
of prisoners, staff, service providers and visitors shall be ensured at all
times.
The centrality of the Mandela Rules is reflected in New Zealand in the Corrections
Act 2004. Section 5 of the Act sets out the purpose of the corrections system and
makes explicit reference to the Mandela Rules. It states:
(1) T he purpose of the corrections system is to improve public safety and
contribute to the maintenance of a just society by Ð
É
(b) providing for corrections facilities to be operated in accordance
with rules set out in this Act and regulations made under this Act that
are based, amongst other matters, on the United Nations Standard
Minimum Rules for the Treatment of Prisoners;
[emphasis added]
The Rules cover aspects of life in prisons, such as accommodation, food, bathing,
and exercise. Rule 13 provides accommodation “shall meet all requirements of
health, due regard being paid to climatic conditions and particularly to cubic
content of air, minimum floor space, lighting, heating and ventilation.” Rule 14
specifies how the need for natural light and air. Rules 15 and 16 discuss sanitary
and bathing requirements, installations must allow prisoners to go to the toilet
in a clean and decent manner and at a minimum have a bath or shower once a
week at a suitable temperature. In regards to food rule 22 states food is to be
provided at the usual hours and be of adequate nutritional value. Under rule 23 a
minimum of one hour exercise daily in the open air, weather dependent, is to be
provided. Appropriate installations and equipment shall be provided.
Prisoners must be able to make complaints. These must be promptly dealt with
and in a confidential manner if requested (Rule 57). Prison administrations are
encouraged to use conflict prevention, mediation, and other alternative dispute
mechanism, and if a prisoner is separated measures must be taken to alleviate
the detrimental effects (Rule 38).
70