to be distinguished from potential injuries after entry. Similarly, prison administrations are
required to efficiently maintain the signed inventory of personal property of prisoners.
The need to maintain accountability was also highlighted in the Rules governing prison
searches which require prison officers to ‘maintain appropriate records of search, in
particular records of strip and body cavity searches and searches of cells, as well as the
reasons for the searches, the identities of those who conducted them and search outcomes.’
Prison officers must also report the use of force, which is to be applied only as strictly
necessary in certain circumstances, such as self-defence.
SMRs 83-85 govern the need for an external independent inspection to be facilitated
periodically, whereby inspectors have unfettered access to the prison, without prior notice,
and can speak to any prisoner confidentially, in order to ensure prisons are governed
according to existing laws and policies, and to make recommendations for improvement.
4. Rehabilitation
The focus on the rehabilitation of the prisoner is reiterated at various points in the
guidelines. The Rules of General Application in the SMRs reiterate that the deprivation of
liberty is of itself detrimental to a prisoner’s physical and emotional well-being because it
removes prisoners’ right to self-determination, and the prison system shall not therefore
aggravate the suffering inherent in such a situation. To this effect, SMR 4 requires the
correctional system to implement rehabilitative and vocational training programmes to
facilitate the reintegration of prisoners into society, and the SMR stipulates the prison
administration should seek to minimize any differences between a life of liberty and life in
prison.
The SMRs state that prisoners should be held in facilities close to their homes in order to
ensure ease of reintegration, thereby highlighting the importance of rehabilitation. A
detailed set of rules stipulate the requirement to deliver a range of educational and
vocational activities in prison, as well as cultural and religious programmes and work
opportunities for prisoners, so that their time is spent in a useful manner and they receive
remuneration.
SMR 88 obliges community agencies to assist prison officers, where possible, in the social
rehabilitation of prisoners during incarceration, thereby enabling them to feel they are a
continuing part of the community and are not excluded from it. This is followed by SMR 90,
which describes the continued responsibility of society to provide aftercare upon the
prisoner’s release, while SMRs 106 to 108 focus on facilitating the maintenance of the
inmates’ family relationship while in prison. SMR 110 requires arrangements to be made to
ensure persons receiving psychiatric treatment in prison continue to receive this treatment
upon release.
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