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 18

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