minors or the mentally disabled. The SPT has also recommended that a medical officer should visit prisoners held in solitary confinement every day, on the understanding that such visits should be in the interests of the prisoners’ health. Furthermore, prisoners held in solitary confinement for more than 12 hours should have access to fresh air for at least one hour each day and that beds and mattresses be available to all, including those in seclusion. Following their visit to New Zealand SPT said the use of physical restraints is legitimate only if lawful, necessary and proportionate. The Special Rapporteur on Torture noted circumstances where the physical conditions and the application of solitary confinement can cause severe mental and physical pain or suffering, when used as a punishment, during pretrial detention, indefinitely, prolonged, on juveniles or persons with mental disabilities, can amount to cruel, inhuman or degrading treatment or torture.58 The Special Rapporteur had also made clear that “there can be no therapeutic justification for the prolonged use of restraints and that such use may constitute ill-treatment”.59 In addition to international human rights law, a considerable range of other rules and standards have been developed to safeguard the right of all people to protection against torture and other forms of ill-treatment. Although not of themselves legally binding, they represent agreed principles which should be adhered to by all States and can provide important guidance. Some of the key relevant provisions are discussed below. The Nelson Mandela Rules The Standard Minimum Rules for the Treatment of Prisoners were first adopted in 1957. In 2015 these rules were revised and adopted unanimously by the United Nations General Assembly as the Nelson Mandela Rules (Mandela Rules). The Mandela Rules are non-binding.60 Rather, they “set out what is generally accepted as being good principles and practice in the treatment of prisoners and prison management.”61 Furthermore, the Rules are often regarded by states as 58 United Nations General Assembly, 2011. Interim report prepared by the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, in accordance with General Assembly resolution 65/205 (A/66/268). See also Human Rights Committee, general comment No. 20, HRI/GEN/1/Rev.9 (Vol. I). 59 Reports of the Special Rapporteur on torture: A/63/175, paras. 40, 47 and 48, and A/HRC/22/53, para. 63; and A/68/295, para. 58 60 The Rules explicitly state “the preliminary observations to the Nelson Mandela Rules, underscores the non-binding nature of the Rules, acknowledges the variety of Member States’ legal frameworks, and in that regard recognizes that Member States may adapt the application of the Rules in accordance with their domestic legal frameworks, as appropriate, bearing in mind the spirit and purposes of the Rules;” 61 UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), Preliminary observation 1. 69