4. Analysis of the United Nations Standard Minimum Rules for
the Treatment of Prisoners
The revised United Nations Standard Minimum Rules for the Treatment of Prisoners, the
Nelson Mandela Rules (hereinafter referred to as SMRs), were adopted by the General
Assembly in 2015. Preceding the adoption, the United Nations highlighted the global prison
crisis, stating that the treatment of prisoners around the world was far from compliant with
international guidelines. Further, it drew attention to the social cost of imprisonment,
namely the health and well-being of prisoners and the impact on their families and society
as whole, which undermines the ultimate purpose of imprisonment: protection of society
from crime.
Significant characteristics of the global crisis were outlined, including the continued growth
of the prison population, inadequate prison conditions, the impact of overcrowding, the
severe costs of imprisonment and the fact that persons living in poverty are
disproportionately incarcerated. The core purpose of imprisonment is challenged when
prisons become a breeding ground for criminal activity or ‘crime schools’ rather than a
correctional space. It was also opined that the shortcomings of the prison system are in part,
a symptomatic effect of defects in the criminal justice process and/or policies. As a result,
the revised version of the Mandela Rules also includes the requirement to ensure access to
legal representation while in prison.
The SMRs, while allowing Member States to set policies practicable in the context of
respective and applicable legal, socio-economic and geographical conditions, require that
they are in line with the principles enshrined in the SMRs, which seek to enforce good
practices in the treatment of prisoners around the world. The SMRs are based on certain
foundational principles, which are reflected in the substantive content.
The following section contains an analysis of the SMRs, highlighting key cross-cutting themes
reflected throughout this instrument, as well as obligations of the states. The chapter also
includes a list of applicable national and international human rights standards that were
used in this study to evaluate the treatment and conditions of prisoners held in correctional
institutions in Sri Lanka.
1. Prohibition of torture, cruel, inhuman and degrading treatment and punishment
The very first rule of this instrument reinforces the universal absolute prohibition of torture,
cruel, inhuman and degrading treatment and punishment, and calls upon Member States to
respect the inherent dignity of prisoners and their value as human beings. The safety and
security of prisoners is deemed paramount.
When discussing the guidelines for discipline and punishment, two key elements form the
crux of the principle – necessity and proportionality, in addition to the absolute prohibition
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