others as well as the harmful effects that high security measures and increased
isolation can have on women prisoners. Other rules, including 6 and 16, cover
requirements related to gender specific health care and mental health care
assessment and treatment.
Uncharged and untried detainees
Provisions of the Mandela Rules as discussed above apply to all prisoners and
detainees, including people held in police custody, be it prior to being charged or
as untried detainees. Of particular relevance is 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.
Part II, section C of the Mandela Rules addresses untried detainees specifically
and includes some of the following provisions:
Untried prisoners shall be kept separate from convicted prisoners, and
young untried prisoners shall be kept separate from adults and shall
in principle be detained in separate institutions (Rule 112); Untried
prisoners shall sleep singly in separate rooms, with the reservation of
different local custom in respect of the climate (Rule 113);
An untried prisoner shall be allowed to wear his or her own clothing if
it is clean and suitable (Rule 115); An untried prisoner shall be allowed
to procure at his or her own expense or at the expense of a third
party such books, news papers, writing material and other means of
occupation as are compatible with the interests of the administration of
justice and the security and good order of the institution (Rule 117).
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