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Chapter I

Introduction
The Basic Principles for the Treatment of Prisoners; adopted
by the United Nations during the year 1990,carefully laid out the
fundamental rights of prisoners to which, Detainee-Prisoners are
included. The United Nations have acknowledged the importance
of

the

Standard

Minimum

Rules

For

The

Treatment

of

Prisonersadopted by the First United Nations Congress in 1955 in


setting forth a draft in regards to the declaration of human rights
of prisoners. The Resolutions significance is that it guaranteesthe
essential rights of prisoners to effectively rehabilitate themselves
and once again become a healthy member of the society. This
Resolution has affirmed the U.N.s long commitment to the
humanization of criminal justice and the protection of human
rights as a whole. The principles set out by the U.N. are legally
binding to the Philippines, being one of its members. The
Philippine Correctional System issupervised by the Department of
Justice (DOJ), the Bureau of Corrections and the Bureau of Jails
Management and Penology (BJMP) of the Department of Interior
and Local Government. Philippine jails have long conducted
rehabilitation programs with accordance to both the Standard
Minimum Rules and of the Basic Principles for the Treatment of
Prisoners with the focus on correcting a prisoner while at the
same time, preserving ones dignity. A prisoner still enjoys the
same rights with a free person but only limited by rules and
regulations set out by different sources of law. The system itself is

in charge of handling the needs of Detainee-Prisoners such as


their food, shelter, and outer or inner well-beingbecause detained
persons are not deprived of basic human rights, only some
constitutional

rights.

Being

prisoner

is

not

absolutely

tantamount to the deprivation of the basic human rights.


Philippines, through its Constitution, recognizes that prisoners are
not absolutely deprived of all his rights. According to the Section
19 (2) of the Article II of the 1987 Philippine Constitution; The
employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law. The

Philippines also values human dignity and guarantees full respect


for humanrightsas stated in the Article II of the 1987 Philippine
Constitution which is applicable to prisoners for their human
rights are not totally suspended. Also, Philippines adopted the
principle of restorative justice which aims to rehabilitate the
prisoners for them to become a functional member of the society.
This principle was embraced by the Philippines by being a
signatory in the Basic Principles on the Use of Restorative Justice
Programmes in Criminal Matters As a means to classify if the
guidelines set for the proper treatment of prisoners are being
complied by states, international and local entities are conducting
visits on jails, prisons, and detention facilities.
In

the

Philippines,

Commission

on

Human

Rights,

government agency tasked to protect human rights, is granted


with visitorial powers over the penitentiaries by the Constitution

(Article XIII, Section 18). In the past visitation of CHR to monitor


the conditions in jails and detention centers, majority are not fit
for human confinement. The condition of the prisons, jails, and
detention facilities negates the principle of restorative justice as
such are more to punish. 50% of the detention centers
considerably need a huge amount of rehabilitation.In 2015, the
U.N. conducted a study on the current situation of Philippine
prisons, and came out with a result that the prisons in the
Philippines are notoriously overcrowded and various counts of
torture being carried out (Preda Foundation, 2016). On 2014, 10
Policemen were relieved because of committing torture against
prisoners using the infamous Wheel of Torture for amusement.
In Makati City Jail; being the focus of the study has recently
launched a noise barrage that went into a full blown prison riot
leaving many detainees injured. The primary reason believed on
why the riot commenced is due to a confiscated phone from
one of the detainees but some of them claimed that they were
experiencing torture from the jail guards (Mangunay, 2016)
(Delizo, 2016).

Conceptual Framework
Prisoners are held captive for one reason and it is to deprive them
of one of the fundamental rights: liberty. Denying liberty to
someone is a form of punishment. In the case of prisoners, they
are punished by means of deprivation of liberty for the acts they

committed that are against the laws and such punishments must
not go beyond that. Prisoners must not be deprived of their
human rights by placing them in harsh conditions or inflicting
violence against them. Prisoners also must not be humiliated or
offended by something that will damage their dignity for they
must

enjoy

full

respect

to

their

dignity.

However,

these

fundamental rights within the prisoners are often neglected.


This study aims to identify the impact of the implementation of
the Basic Principles for the Treatment of Prisoners to the
Detainee-prisoners of Makati City Jail.
Moreover, the researchers will focus more on the evaluation of
compliance of the Makati City Jail to the Basic Principles for the
Treatment of Prisoners.
Lastly, the researchers desire to make possible recommendation
to the local government of Makati City in terms of imposing the
Basic Principle for the Treatment of Prisoners.

Research Paradigm
Determination of the Basic Principle for the Treatment of
Prisoners

Classifying the Detainee-prisoners of Makati City jails


perception on the implementation of the Basic Principle for the
Evaluation of Makati City Jails Compliance to the Basic
Treatment of Prisoners
Principle for the Treatment of Prisoners

Possible Recommendation to the Local Government of Makati


City in Imposing the basic Principle for the Treatment of
Prisoners
Statement of the Problem
This study aims to determine the compliance of Makati City Jail to
the provisions set by the United Nations Basic Principles for the
Treatment of Prisoners.
Specifically, this study ought to answer the following questions:
What is the qualification in determining the respondents?
1.
2.
3.
4.

Length of period of detention


Religion
Age
Gravity of Offense

Are the provisions of the Basic Principles for the Treatment of


Prisoners properly complied by the Makati City Jail in terms of:
1.
2.
3.
4.
5.
6.

Religion
Cultural Activities and Education
Non-existence of Solitary confinement
Remunerated Employment
Health Services
Food

Are the provisions of the Basic Principles for the Treatment of


Prisoners properly complied by the Makati City Jail according to
the perception of Makati City Jails Detainee-prisoners?

What are the possible recommendations to the local government


of Makati City in imposing the Basic Principle for the Treatment of
Prisoners?
Significance of Study:
This study is significant as it serves as a reflection of the
condition of the prisoners confined within the Makati City Jail
according to its compliance to United Nations Basic Principle for
the Treatment of Prisoners. This study is beneficial to the society
as this would spread awareness among the prisoners and the
readers alike with regard to the rights of detainee-prisoners.
Furthermore, this study is essential to the following:

Detainee/Prisoners
Detainees and prisoners, not only those confined within the
Makati City Jail, could possibly benefit from the study by gaining
knowledge about their rights as detainee or prisoner as this study
gives emphasis on whether proper protocols set by the Basic
Principles for the Treatment of Prisoners within the Makati City Jail
are being employed.

General Public
Detainees and prisoners are deprived of a right and it is right to
liberty. Deprivation of liberty is a form of punishment and such

punishment must not go beyond that. Through this study, the


general public will have an overview about the rights that these
people, detainee and prisoners, possess.

Government
After the study is finished, this could serve as a reference for the
government as to the importance of complying with the rules set
out by the Basic Principles for the Treatment of Prisoners. This
study will also reflect the performance of Makati City Jail in
handling

detainees

and

prisoners

that

is

not

significant

exclusively to the said city jail but also to other correctional


institution within our country.

Future Researchers
This study would serve as a reference for the future researchers
who are planning to make a research that is related to this one.
This study contains substantial data that could be used by future
researchers in their chosen focus of study. Future researchers
could consider this study as a stepping stone in expressing what
they want to prove in conducting a research about prisoners.

Scopes and Delimitations

This study will focus only on the evaluation of the


implementation of the Basic Principle of the Treatment of
Prisoners in Makati City Jail.
The researchers will conduct an interview in the Makati City
Jail and will be limited only to the currently detained persons
selected according to their age, religion, length of period of
detention, gravity of offense which they will be screened by the
prison officials. The range of study started from June, 2016.
This study will be limited only to create an analysis of how
the Basic Principles for the Treatment of Prisoners is complied by
the Makati City Jail.

Definition of Terms
Detainee Persons that are charged to have done against
something against the law but are not yet been convicted.
Prisoners Any person who is convicted of a crime and whose
liberty is being deprived against his or her will.
BJMP Bureau of Jail Management and Penology is an agency
under the Department of Interior and Local Government tasked to
administer the operation of all district, city, and municipal jails in
the Philippines.
Department of Interior and Local Government An agency under
the executive department which is in charge in keeping peace,

order, and public safety of the local government units in the


Philippines.
Makati City Jail A jail located in Makati City under the
supervision of Bureau of Jail Management and Penology governed
by the Department of Interior and Local Government.
Rights A moral entitlement which is defined by laws
Human Rights These are rights that are justifiably belonging to
human and are often classified by laws.
Law A set of rules imposed by the authority to which
disobedience has corresponding punishments.
International Law A body of rules which governs the behaviour
of states that recognize themselves as binding to such
Universal Declaration of Human Rights It is a document which
embodies the fundamental rights to which all humans are entitled
regardless of who they are or where they live.
Basic Principle for the Treatment of Prisoners A set of rules
adopted by the United Nations through

the General Assembly

Resolution in the year 1990.


United Nations An international organization which advocates
international peace, security, and cooperation among different
states.

General Assembly Resolution Resolutions made by one of the


organs of the United Nations which undergo the votation of
member states.

Chapter 2
Review of Related Literature

This chapter will be focused on different literary works that


are relevant on the study; the chapter aims to give different
perspectives on how the study is being dealt with by reviewing
different published materials such as Books, Articles, Journals,
Doctrines, and the like. The said materials shall also be used as a
reference on how the group will approach the study. Unpublished
materials like thesis and dissertations will also be reviewed and
herein presented.

Local Literature
History of the Bureau of Corrections:
As history tells that The Spanish Colonial Era of the
Philippines is one of struggle and bloodbath it also served as a

stepping stoneon how the Prison system of the Philippines worked


and thrived. It was during this time that the Philippines was first
introduced to a formal Prison system with accordance to any form
of law. Although the country was practicing an informal prison
system during the pre-colonial era, the system was based on the
cultural aspect of the society and gave loopholes that can be
exploited by anyone, also the system gave no concrete provisions
on the standard prison facilities should follow and how detainees
and prisoners should be treated. Here are the timeline of events
on how the penal system in Philippines evolved according to the
Bureau of Corrections.
Pre Colonial:
During the pre-colonial times, the informal prison system
was

community-based,

as

there

were

no

national

penitentiaries to speak of. Natives who defied or violated


the local laws were meted appropriate penalties by the
local chieftains. Incarceration in the community was only
meant to prevent the culprit from further harming the local
residents.

Spanish Regime:
The Spanish Colonial Era introduced the formal prison
system, where an organized corrective service was made
operational. It was established in 1847 pursuant to
Section 1708 of the Revised Administrative Code and
formally opened by Royal Decree in 1865, the Old Bilibid

Prison was constructed as the main penitentiary on


Oroquieta Street, Manila and designed to house the prison
population of the country. The prison became known as
the

Carcel

Presidio

Correccional

and

could

accommodate 1,127 prisoners. The prison occupied a


quadrangular piece of land 180 meters long on each side,
which was formerly part of the Mayhalique Estate at the
heart of Manila. It housed a building for offices and
quarters of the Prison warden, and 15 buildings and
departments for prisoners that were arranged in a radial
way to form spokes. The central tower formed the hub.
Under the tower was the chapel. There were four cellhouses for the isolated prisoners and four isolated
buildings located on the four corners of the walls, which
served as kitchen, hospital and stores. The prison was
divided in the middle by a thick wall. One-half of the
enclosed space was assigned to Presidio Prisoners and the
other half to Carcel Prisoners.[1]

The American and the Commonwealth Government:


When the Americans took over in the 1900s, the Bureau
of Prisons was created under the Reorganization Act of
1905 (Act No. 1407 dated November 1, 1905) as an
agency under the Department of Commerce and Police. It
also paved the way for the re-establishment of San Ramon
Prison in 1907 which was destroyed during the SpanishAmerican War. On January 1, 1915, the San Ramon Prison
was placed under the auspices of the Bureau of Prisons
and started receiving prisoners from Mindanao. Before the
reconstruction of San Ramon Prison, the Americans
established in 1904 the Iuhit penal settlement (now

Iwahig Prison and Penal Farm) on a vast reservation of


28,072 hectares. It would reach a total land area of
40,000 hectares in the late 1950s. Located on the
westernmost part of the archipelago far from the main
town

to

confine

incorrigibles

with

little

hope

of

rehabilitation, the area was expanded to 41,007 hectares


by virtue of Executive Order No. 67 issued by Governor
Newton Gilbert on October 15, 1912. Other penal colonies
were

established

during

the

American

regime.

On

November 27, 1929, the Correctional Institution for


Women (CIW) was created under Act No. 3579 to provide
separate facilities for women offenders while the Davao
Penal Colony in Southern Mindanao was opened in 1932
under Act No. 3732.

The Transfer of the Old Bilibid:


The increasing number of committals to the Old Bilibid
Prison, the growing urbanization of Manila and the
constant lobbying by conservative groups prompted the
government to plan and develop a new site for the
national penitentiary, which was to be on the outskirts of
the urban center. Accordingly, Commonwealth Act No. 67
was enacted, appropriating one million (P1,000.000.00)
pesos for the construction of a new national prison in the
southern suburb of Muntinlupa, Rizal in 1935. The old
prison was transformed into a receiving center and a
storage facility for farm produce from the colonies. It was
later abandoned and is now under the jurisdiction of the
Public Estates Authority. On November 15, 1940, all
inmates

of

the

Old

Bilibid

Prison

in

Manila

were

transferred to the new site. The new institution had a

capacity of 3,000 prisoners and it was officially named the


New Bilibid Prison on January 22, 1941. The prison
reservation has an area of 587 hectares, part of which
was arable. The prison compound proper had an area of
300 x 300 meters or a total of nine hectares. It was
surrounded by three layers of barbed wire.[3]

Developments after World War II:


After World War II, there was a surplus of steel matting in
the inventory and it was used to improve the security
fences of the prison. A death chamber was constructed in
1941 at the rear area of the camp when the mode of
execution was through electrocution. In the late 60s,
fences were further reinforced with concrete slabs. The
original

institution

became

the

maximum

security

compound in the 70s and continues to be so up to


present, housing not only death convicts and inmates
sentenced to life terms, but also those with numerous
pending cases, multiple convictions and sentences of
more than 20 years.. In the 1980s, the height of the
concrete wall was increased and another facility was
constructed, 2.5 kilometers from the main building. This
became known as Camp Sampaguita or the Medium
Security Camp, which was used as a military stockade
during the martial law years and the Minimum Security
Camp,

whose

first

site

was

christened

Bukang

Liwayway. Later on, this was transferred to another site


within the reservation where the former depot was
situated. Under Proclamation No. 72 issued on September
26, 1954, the Sablayan Prison and Penal Farm in
Occidental Mindoro was established. In The Leyte Regional

Prison followed suit under Proclamation No. 1101 issued


on January 16, 1973.

[4]

Non-Operational National Prisons:


FORT BONIFACIO PRISON:
A committee report submitted to then President Carlos
P. Garcia described Fort Bonifacio, formerly known as Fort
William McKinley, as a military reservation located in
Makati, which was established after the Americans came
to the Philippines. The prison was originally used as a
detention center for offenders of US military laws and
ordinances.
After the liberation of the Philippines, the reservation
was transferred to the Philippine government, which
instructed the Bureau of Prisons to use the facility for the
confinement of maximum security prisoners. For several
years, incorrigibles were mixed with political prisoners
(those convicted of rebellion) at the Fort Bonifacio facility
until June 30, 1968, when it was converted into a prison
exclusively for political offenders. After a bloody April
1969 riot at the Muntinlupa facility, however, incorrigible
prisoners

from

Muntinlupawere

transferred

to

Fort

Bonifacio.
During the administration of President Diosdado
Macapagal, the Fort was renamed Fort Andres Bonifacio.
The correctional facility was also renamed Fort Bonifacio
Prison.

The one-story building now stands on a one-

hectare area.

The Fort Bonifacio Prison continued to be a satellite


prison of the national penitentiary even after martial law
was lifted. It was only in the late 1980s that the facility
was vacated by the Bureau of Prisons.

CORREGIDOR PRISON STOCKADE:


In 1908 during the American regime, some 100
prisoners were transferred from the OldBilibid Prison to
Corregidor Island to work under military authorities. This
move

was

in

Department of

accordance

with

an

order

from

the

Instructions, which approved the transfer

of inmates so they could assist in maintenance and other


operations in the stockade.
The inmates were transported not to serve time but
for prison labor. Until the outbreak of the Second World
War, inmates from Old Bilibid Prison were regularly sent to
Corregidor for labor purposes.
When the War broke out, prisoners on Corregidor
were returned to Bilibid Prison. The island prison was
never reopened.

BONTOC PRISON:
The Philippine Legislature during the American regime
passed Act No. 1876 providing for theestablishment of a
prison in Bontoc in Mountain Province. The prison was
built for theprisoners of the province andinsular prisoners
who

were

members

of

the

non-Christian

Mountain Province and Nueva Viscaya.

tribes

of

Bontoc prison could be reached only through narrow,


poorly developed mountain roads. Due to the enormous
expenses incurred in transporting personnel, equipment
and supplies to the prison, the facility [5]

The historic timeline of the Bureau of Corrections will give us a


broad insight on how the department operated over the years, the
timeline also showed how the department adapted its system
based on the current events transpiring during the time. The
article is relevant as it can show the different system employed
by the Bureau of Correction throughout the years.
Article 3 of the 1987 Philippine Constitution enumerated the
rights guaranteed to the people, including the rights of detainee
and prisoners. These rights are in consistent to the International
Conventions that the Philippines is signatory and adopted. It is
enumerated as follows:
Right to Equality before the Law and the Courts
(1)
All persons are equal before the law.
(2) All persons are equal before the courts.
Right to Freedom of Discrimination
No person may be discriminated against on grounds such as sex,
race, color, language, religion or belief, political or other opinion,
sexual orientation, national, ethnic or social origin, wealth, birth,
or other status.

Presumption of Innocence
All persons are presumed innocent until proven guilty in
accordance with the applicable law.
Privilege

against

Self-Incrimination

and

the

Right to

Silence
(1)

No person may be compelled to testify against himself

or herself or to confess guilty


(2)
No negative inferences may be derived from a persons
failure to testify against himself or herself or to confess guilt.
Right

to

Freedom

from

Coercion,

Duress,

Threat,

Torture, or Cruel, Inhuman, or Degrading Treatment


(1)

All persons have the right to be free from any form of

coercion, duress, or threat of duress.


(2)
All persons have the right to be free from torture, threat
of torture, or any other form of cruel, inhuman, or degrading
treatment or punishment.
Right to an Interpreter
A suspect or an accused has the right to the free assistance of an
interpreter if he or she cannot understand or speak the language
used in court. Interpretation is the oral conversion of information
from one language to another.
Right to be informed of the Charges

An accused has the right to be informed promptly and in detail in


language in which he or she understands of the nature and
causes of the charge against him or her.
Right to Preparation of a Defense
An accused has the right to adequate time and facilities for the
preparation of his or her defense.
Right to a Fair and Public Hearing and the Right to be
Present during a Trial
(1)
(2)

All persons are entitled to a fair and public hearing.


The press and the public may be excluded from all or

part
(a)
(b)
(c)

of a trial for any of the following reasons:


To protect morals, public order, or national security;
Where the interests of a child so requires;
Where the protection of the private lives of the parties

to the proceedings or witnesses so requires, such as in


cases of sexual offenses; or
(d) In special circumstances, and only to the extent
necessary, where publicity would prejudice the interests of
(3)

justice.
Court judgments must be made public, except where

the interest of a juvenile requires otherwise.


(4)
An accused person has the right to be tried in his or her
presence, except as otherwise provided for in.
Right to Trial without undue delay and the Right to
Detained Persons to trial within a reasonable time or
release

(1)
(2)

All persons have the right to trial without undue delay.


All detained persons have the right to trial within a

reasonable time or release.


Right to Examination if Witnesses
The accused has the right to examine, or have examined, the
witnesses against him or her and to obtain the attendance and
examination of witnesses on his or her behalf under the same
condition as witness against him or her.
Right to defend oneself personally or through Counsel
(1)A suspect or an accused has the right to defend himself
or herself in person through counsel.
(2)A suspect or an accused has the right to have counsel
present at all stages of the criminal proceedings,
including

during

interrogation

and

during

pre-trial

proceedings.
Right to Choice of Counsel
A suspect or an accused has the right to counsel of his or her own
choosing.
Right to Communication with Counsel
(1) A suspect or an accused has the right to communicate
freely and confidentially, orally and in writing, with his
or her counsel.
(2) This right must be respected at all stages of the
proceedings

(3) Communication

between

detained

suspect

or

accused person and his or her counsel may be within


sight but not within hearing of police or detention
authority officer.
In a Thesis done by the political science students in 2010
entitled An Evaluation of the Manila City Jails observance of the
U.N. Standard Minimum Rules for the Treatment of Prisoners,
they have found out the situation of the Manila City Jail. They
found out the following results:
One of the problems of the prisoners and detainees is their
shelter or living space because of the congested prison cells.
In connection with living space, the prisoners and detainees
also experiencing an improper air ventilation.
The common problem of the prisoners and detainees is the
insufficiency of food and poor sanitation.
There is also the absence of medical supplies that would
cater to the medical needs of the prisoners and detainees.
The Manila City Jail have inadequate rehabilitation programs
for the prisoners and detainees.
The researchers laid out the stricter observance to the U. N.
Standard Minimum rules for the Treatment of Prisoners and made
some recommendations in solving the problems faced by the
Manila City Jail. The main recommendation that theyve come up
with is the allocation of additional funds for the improvement of
jail facilities and through this other problems experienced by the
prisoners and detainees will be able to diminish.

On March 9, 2016, the Makati City Jail has garnered national


attention when its inmates held a noise barrage throughout the
night to protest the harsh conditions inside the prison. The noise
barrage was forcefully broken up by the BJMP after midnight
leading to 34 inmates and 5 jail guards being hurt and numerous
objects damaged such as bunk beds and power lines. Reasons
that were stated in leading to the noise barrage includes poor
food rationing, numerous incidents of torture committed by the
jail guards, and rampant trafficking of drugs inside the jail
(Mangunay, 2016). The violent crackdown amassed intense
criticisms from the relatives of the inmates, the Commission on
Human Rights (CHR), various political groups and from the media,
stating that the BJMP used excessive force in breaking up the
protest, leaving one dead and 90 % of the inmates bruised
(Mangunay, 2016) (Delizo, 2016). The BJMP in its official
statement has denied all of the reasons that believed to have
caused the noise barrage, stating that the prisoners went up in
arms in opposition to Operation Greyhound, the official name of
confiscating contrabands from inmates. The BJMP also clarifies
that the lone inmate who have died is caused by natural causes,
specifically Tuberculosis and not from force (Frialde, 2016).
Bruises and contusions found on the body of the inmate has led to
his relatives seeking an official investigation of the matter and in
turn forcing the Department of Interior and Local Government
(DILG) to act on the matter (Philippine News Agency, 2016). The
BJMP has welcomed an official inquiry and with the ensuing

investigation, 9 jail guards will face administrative charges due to


violating the rights of the prisoners (Mateo, 2016).

Foreign Literature:
According to the University of Minnesotas Human Rights
Library, there are four (4) treaties in regards to the International
Bill of Human Rights in which the Philippines are part of: namely;
a.) International Covenant on Economic, Social and
Cultural Rights
Signed: December 19, 1966
Ratified: June7, 1974(The University of Minnesota Human
Rights Library, 2016).
b.) International Covenant on Civil and Political Rights
Signed: December 19, 1966
Ratified: October 23, 1986(The University of Minnesota
Human Rights Library, 2016).
c.) Optional Protocol to the International Covenant on
Civil and Political Rights
Signed: December 19, 1966
Ratified: August 22, 1989(The University of Minnesota
Human Rights Library, 2016).

d.) Second Optional Protocol to the International


Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty(The University of Minnesota
Human Rights Library, 2016).
Six (6) in regards to the Protection from Torture, Ill-Treatment
and Disappearance namely;
a.) European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment(The
University of Minnesota Human Rights Library, 2016).
b.) Protocol No. 1 to the European Convention for the
Prevention

of

Torture

and

Inhuman

or

Degrading

Treatment or Punishment(The University of Minnesota Human


Rights Library, 2016).
c.) Protocol No. 2 to the European Convention for the
Prevention

of

Torture

and

inhuman

or

Degrading

Treatment of Punishment(The University of Minnesota Human


Rights Library, 2016).
d.) Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Ratified: June 26, 1987(The University of Minnesota Human
Rights Library, 2016).

e.)

Optional

Protocol

to

the

Convention

against

Torture and Other Cruel, Inhuman or Degrading Treatment


or Punishment
Accession: April 17, 2012(The University of Minnesota
Human Rights Library, 2016).
f.) International Convention for the Protection of All
Persons from Enforced Disappearance
Signed: September 27, 2010. (The University of Minnesota
Human Rights Library, 2016).
And three (3) in regards to the Protection of the Rights of
Detainees, such as:
a.) Standard Minimum Rules for the Treatment of
Prisoners
Adopted: August 30, 1955. (The University of Minnesota
Human Rights Library, 2016).
b.) Basic Principles for the Treatment of Prisoners
Adopted: 1990. (The University of Minnesota Human Rights
Library, 2016).
c.) Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment
Adopted: 1988. (The University of Minnesota Human Rights
Library, 2016).

Human Rights are basic privileges and fundamental freedom that are
inherent to all human beings, meaning all people of all nations are entitled
regardless of race, nationality, place of residence, sex, national or ethnic
origin, religion, language or any other status. These rights include civil and
political rights such as the right to life, liberty and freedom of expression.
They also entail social, cultural and economic rights including the right to
food, the right to work, and the right to receive an education. All persons are
entitled to the protections of human rights, including prisoners. While some
liberties are lost when a person is imprisoned, that does not mean that
prisoners may be denied their human rights or dignity (Quigley & et al.,
2015).

It said that every person is entitled to human rights


whatever his status may be which connotes that even prisoners
or detainees are entitled to these rights and must not be deprived
of. Prisoners only lose their right to liberty but they do not lose
their other rights as a citizen of a society. Prison is a process of
rehabilitating prisoners to become law-abiding citizens. It should
not be in a form of containment and should not exhibit any other
punishment.
Prisoners from several countries including the Philippines
experience the world of inhumane, humiliating, degrading prison
system and the rights still entitled to them was being neglected.
The emergence of the various international organizations paved
way for the promotion of the observance of human rights. These
rights are protected and mandated by different international
conventions, rules or treaties such as the conventions set out by
the United Nations.

Prisoners and detainees have their right safeguarded by


various international conventions and treaties, as set out by the
United Nations. These various conventions and treaties are the
foundation of rights for the treatment of prisoners. It started with
the 1948 Universal Declaration of Human Rights or UDHR which
recognizes the inherent dignity and the equal rights of all
members of the states. The following articles laid out in the
Universal Declarations of Human Rights are as follows:
Article 1
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth
in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status. Furthermore, no distinction shall be made on the
basis of the political, jurisdictional or international status of
the country or territory to which a person belongs, whether it
be independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.

Article 4
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a
person before the law.
Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled
to equal protection against any discrimination in violation of
this

Declaration

and

against

any

incitement

to

such

discrimination.
Article 8
Everyone has the right to an effective remedy by the
competent

national

tribunals

for

acts

violating

the

fundamental rights granted him by the constitution or by


law.
Article 9
No one shall be subjected to arbitrary arrest, detention or
exile.

Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.
Article 11
(1) Everyone charged with a penal offence has the right to
be presumed innocent until proved guilty according to law in
a public trial at which he has had all the guarantees
necessary for his defense.
(2) No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a
penal offence, under national or international law, at the
time when it was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time the
penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks
upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or
attacks.
Article 13

(1) Everyone has the right to freedom of movement and


residence within the borders of each state.
(2) Everyone has the right to leave any country, including his
own, and to return to his country.
Article 14
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United
Nations.
Article 15
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
Article 16
(1) Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.

(3) The family is the natural and fundamental group unit of


society and is entitled to protection by society and the State.
Article 17
(1)

Everyone has the right to own property alone as well as

in association with others.


(2) No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion
or belief in teaching, practice, worship and observance.

Article 19
Everyone has the right to freedom of opinion and expression;
this

right

includes

freedom

to

hold

opinions

without

interference and to seek, receive and impart information and


ideas through any media and regardless of frontiers.
Article 20
(1) Everyone has the right to freedom of peaceful assembly
and association.
(2) No one may be compelled to belong to an association.

Article 21
(1) Everyone has the right to take part in the government of
his

country,

directly

or

through

freely

chosen

representatives.
(2) Everyone has the right of equal access to public service
in his country.
(3) The will of the people shall be the basis of the authority
of government; this will/shall be expressed in periodic and
genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent
free voting procedures.
Article 22
Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort
and international co-operation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and
the free development of his personality.
Article 23
(1) Everyone has the right to work, to free choice of
employment, to just and favorable conditions of work and to
protection

against

unemployment.

(2) Everyone, without any discrimination, has the right to


equal

pay

for

equal

work.

(3) Everyone who works has the right to just and favorable
remuneration ensuring for

himself and his family

an

existence worthy of human dignity, and supplemented, if


necessary,

by

other

means

of

social

protection.

(4) Everyone has the right to form and to join trade unions
for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays
with pay.
Article 25
(1) Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and
necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old
age or other lack of livelihood in circumstances beyond his
control.
(2) Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.
Article 26
(1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.

Elementary education shall be compulsory. Technical and


professional education shall be made generally available and
higher education shall be equally accessible to all on the
basis

of

merit.

(2) Education shall be directed to the full development of the


human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of
the

United

Nations

for

the

maintenance

of

peace.

(3) Parents have a prior right to choose the kind of education


that shall be given to their children.
Article 27
(1) Everyone has the right freely to participate in the cultural
life of the community, to enjoy the arts and to share in
scientific

advancement

and

its

benefits.

(2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.

Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration
can be fully realized.

Article 29
(1) Everyone has duties to the community in which alone the
free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting
the just requirements of morality, public order and the
general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United
Nations.
Article 30
Nothing in this Declaration may be interpreted as implying
for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.

After

this,

there

were

emergence

of

various

rules,

conventions, treaty and laws for the protection of human rights


and the proper treatment of prisoners and detainees. One of
which is the 1976 International Covenant on Civil and Political
Rights covers several rights for the protection of prisoners which
includes the necessity that all persons deprived of their liberty

shall be treated with humanity and with respect for the inherent
dignity of the human person. Following its ratification on 1976,
the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment was enacted in 1984 to
mainly prevent intentional infliction of severe physical or mental
pain and suffering.
Another international instrument laid out by the United
Nations is the Body of Principles for the protection of all persons
under any form of detention or imprisonment. It also promotes
the rights and the proper treatment of prisoners. The articles laid
out in the Body of Principles for the protection of all persons under
any form of detention or imprisonment is as follows:
Principle 1
All persons under any form of detention or imprisonment
shall be treated in a humane manner and with respect for
the inherent dignity of the human person.
Principle 2
Arrest, detention or imprisonment shall only be carried
out strictly in accordance with the provisions of the law and
by competent officials or persons authorized for that
purpose.
Principle 3

There shall be no restriction upon or derogation from any


of the human rights of persons under any form of detention
or imprisonment recognized or existing in any State pursuant
to law, conventions, regulations or custom on the pretext
that this Body of Principles does not recognize such rights
orthat it recognizes them to a lesser extent.
Principle 4
Any form of detention or imprisonment and all measures
affecting the human rights of a person under any form of
detention or imprisonment shall be ordered by, or be subject
to the effective control of, a judicial or other authority.
Principle 5
1. These principles shall be applied to all persons within the
territory of any given State, without distinction of any kind,
such as race, colour, sex language, religion or religious
belief, political or other opinion, national, ethnic or social
origin, property, birth or other status.
2.

Measures applied under the law and designed solely to

protect the rights and special status of women, especially


pregnant

women

and

nursing

mothers,

children

and

juveniles; aged, sick or handicapped persons shall not be


deemed to be discriminatory.

The need for, and the

application of, such measures shall always be subject to


review by a judicial or other authority.
Principle 6
No person under any form of detention or imprisonment
shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
*

No

circumstance

whatever

may

be

invoked

as

justification for torture or other cruel, inhuman or degrading


treatment or punishment.
*

The term "cruel, inhuman or degrading treatment or

punishment"
should be interpreted so as to extend the widest possible
protection against abuses, whether physical or mental,
including the holding of a detained or imprisoned person in
conditions which deprive him, temporarily or permanently, of
the use of any of his natural senses, such as sight or hearing,
or of his awareness of place and the passing of time.
Principle 7
1.

States should prohibit by law any act contrary to the

rights and duties contained in these principles, make any


such act subject to appropriate sanctions and conduct
impartial investigations upon complaints.

2.

Officials who have reason to believe that a violation of

this Body of Principles has occurred or is about to occur shall


report the matter to their superior authorities and, where
necessary, to other appropriate authorities or organs vested
with reviewing or remedial powers.
3.

Any other person who has ground to believe that a

violation of this Body of Principles has occurred or is about to


occur shall have the right to report the matter to the
superiors of the officials involved as well as to other
appropriate authorities or organs vested with reviewing or
remedial powers.
Principle 8
Persons in detention shall be subject to treatment
appropriate to their unconvicted status.

Accordingly, they

shall, whenever possible, be kept separate from imprisoned


persons.
Principle 9
The authorities which arrest a person, keep him under
detention or
Investigate the case shall exercise only the powers granted
to them under the law and the exercise of these powers shall
be subject to recourse to a judicial or other authority.
Principle l0

Anyone who is arrested shall be informed at the time of


his arrest of the reason for his arrest and shall be promptly
informed of any charges against him.
Principle 11
1.

A person shall not be kept in detention without being

given an effective opportunity to be heard promptly by a


judicial or other authority. A detained person shall have the
right to defend himself or to be assisted by counsel as
prescribed by law.
2.

A detained person and his counsel, if any, shall receive

prompt and full communication of any order of detention,


together with the reasons there for.
3.

A judicial or other authority shall be empowered to

review as appropriate the continuance of detention.


Principle 12
1. There shall be duly recorded:
(a) The reasons for the arrest;
(b) The time of the arrest and the taking of the arrested
person to a place of custody as well as that of his first
appearance before a judicial or other authority;

(c)

The identity of the law enforcement officials

concerned;
(d) Precise information concerning the place of custody.
2.

Such records shall be communicated to the detained

person, or his counsel, if any, in the form prescribed by law.


Principle 13
Any person shall, at the moment of arrest and at the
commencement of detention or imprisonment, or promptly
thereafter, be provided by the authority responsible for his
arrest,

detention

or

imprisonment,

respectively,

with

information on and an explanation of his rights and how to


avail himself of such rights.
Principle 14
A person who does not adequately understand or speak
the language used by the authorities responsible for his
arrest, detention or imprisonment is entitled to receive
promptly

in

information

language

referred

to

in

which

he

principle

understands
10,

principle

the
11,

paragraph 2,principle 12, paragraph 1, and principle 13 and


to have the assistance, free of charge, if necessary, of an

interpreter in connection with legal proceedings subsequent


to his arrest.
Principle 15
Notwithstanding the exceptions contained in principle 16,
paragraph 4,and principle 18, paragraph 3, communication
of the detained or imprisoned person with the outside world,
and in particular his family or counsel, shall not be denied for
more than a matter of days.
Principle 16
1.

Promptly after arrest and after each transfer from one

place of detention or imprisonment to another, a detained or


imprisoned person shall be entitled to notify or to require the
competent authority to notify members of his family or other
appropriate persons of his choice of his arrest, detention or
imprisonment or of the transfer and of the place where he is
kept in custody.
2. If a detained or imprisoned person is a foreigner, he shall
also bepromptly informed of his right to communicate by
appropriate means with aconsular post or the diplomatic
mission of the State of which he is a nationalor which is
otherwise

entitled

to

receive

such

communication

in

accordancewith international law or with the representative


of the competent international organization, if he is a

refugee

or

is

otherwise

under

the

protection

of

an

intergovernmental organization.
3.

If a detained or imprisoned person is a juvenile or is

incapable of understanding his entitlement, the competent


authority shall on its own initiative undertake the notification
referred to in the present principle. Special attention shall be
given to notifying parents or guardians.
4.

Any notification referred to in the present principle shall

be made or permitted to be made without delay.

The

competent authority may however delay a notification for a


reasonable

period

where

exceptional

needs

of

the

investigation so require.
Principle 17
1.

A detained person shall be entitled to have the

assistance of a legalcounsel.

He shall be informed of his

right by the competent authoritypromptly after arrest and


shall be provided with reasonable facilities forexercising it.
2.

If a detained person does not have a legal counsel of his

own choice, heshall be entitled to have a legal counsel


assigned to him by a judicial orother authority in all cases
where the interests of justice so require andwithout payment
by him if he does not have sufficient means to pay.

Principle 18
1.

A detained or imprisoned person shall be entitled to

communicate andconsult with his legal counsel.


2.

A detained or imprisoned person shall be allowed

adequate time andfacilities for consultations with his legal


counsel.
3.

The right of a detained or imprisoned person to be

visited by and toconsult and communicate, without delay or


censorship and in full confidentiality, with his legal counsel
may not be suspended or restricted save in exceptional
circumstances, to be specified by law or lawfulregulations,
when it is considered indispensable by a judicial or
otherauthority in order to maintain security and good order.
4.

Interviews between a detained or imprisoned person and

his legal counselmay be within sight, but not within the


hearing, of a law enforcementofficial.
5.

Communications between a detained or imprisoned

person and his legalcounsel mentioned in the present


principle shall be inadmissible as evidence against the
detained or imprisoned person unless they are connected
with acontinuing or contemplated crime.

Principle 19
A detained or imprisoned person shall have the right to
be visited by andto correspond with, in particular, members
of his family and shall be given adequate opportunity to
communicate with the outside world, subject toreasonable
conditions

and

restrictions

as

specified

by

law

or

lawfulregulations.
Principle 20
If a detained or imprisoned person so requests, he shall if
possible bekept in a place of detention or imprisonment
reasonably near his usual placeof residence.
Principle 21
1. It shall be prohibited to take undue advantage of the
situation of adetained or imprisoned person for the
purpose of compelling him to confess, toincriminate
himself otherwise or to testify against any other person.
2.

No detained person while being interrogated shall be

subject to violence,threats or methods of interrogation which


impair his capacity of decision orhis judgment.
Principle 22

No detained or imprisoned person shall, even with his


consent,

besubjected

to

any

medical

or

scientific

experimentation which may bedetrimental to his health.

Principle 23
1.

The duration of any interrogation of a detained or

imprisoned

person

andof

the

intervals

between

interrogations as well as the identity of theofficials who


conducted the interrogations and other persons present shall
berecorded and certified in such form as may be prescribed
by law.
2.

A detained or imprisoned person, or his counsel when

provided by law, shall have access to the information


described in paragraph 1 of the presentprinciple.
Principle 24
A proper medical examination shall be offered to a
detained or imprisonedperson as promptly as possible after
his admission to the place of detentionor imprisonment, and
thereafter

medical

care

and

treatment

shall

be

providedwhenever necessary. This care and treatment shall


be provided free of charge.

Principle 25
A detained or imprisoned person or his counsel shall,
subject only toreasonable conditions to ensure security and
good order in the place ofdetention or imprisonment, have
the right to request or petition a judicial orother authority for
a second medical examination or opinion.

Principle 26
The fact that a detained or imprisoned person underwent
a medicalexamination, the name of the physician and the
results of such an examinationshall be duly recorded.
Access to such records shall be ensured. Modalitiestherefor
shall be in accordance with relevant rules of domestic law.
Principle 27
Non-compliance with these principles in obtaining
evidence shall be takeninto account in determining the
admissibility

of

such

evidence

against

adetained

or

imprisoned person.
Principle 28
A detained or imprisoned person shall have the right to
obtain within thelimits of available resources, if from public
sources, reasonable quantitiesof educational, cultural and

informational material, subject to reasonableconditions to


ensure security and good order in the place of detention
orimprisonment.
Principle 29
1.

In order to supervise the strict observance of relevant

laws andregulations, places of detention shall be visited


regularly by qualified andexperienced persons appointed by,
and responsible to, a competent authoritydistinct from the
authority directly in charge of the administration of theplace
of detention or imprisonment.
2.

A detained or imprisoned person shall have the right to

communicatefreely and in full confidentiality with the


persons who visit the places ofdetention or imprisonment in
accordance with paragraph l of the presentprinciple, subject
to reasonable conditions to ensure security and good orderin
such places.
Principle 30
1. The types of conduct of the detained or imprisoned
person

that

constitutedisciplinary

offences

during

detention or imprisonment, the description andduration of


disciplinary punishment that may be inflicted and the
authoritiescompetent to impose such punishment shall be
specified by law or lawfulregulations and duly published.

2.

A detained or imprisoned person shall have the right to

be heard beforedisciplinary action is taken.

He shall have

the right to bring such action tohigher authorities for review.


Principle 31
The appropriate authorities shall endeavor to ensure,
according todomestic law, assistance when needed to
dependent and, in particular, minormembers of the families
of

detained

or

imprisoned

persons

and

shall

devote

aparticular measure of care to the appropriate custody of


children left withoutsupervision.

Principle 32
1.

A detained person or his counsel shall be entitled at any

time to takeproceedings according to domestic law before a


judicial or other authority to challenge the lawfulness of his
detention in order to obtain his releasewithout delay, if it is
unlawful.
2.

The proceedings referred to in paragraph l of the present

principle shallbe simple and expeditious and at no cost for


detained persons without adequatemeans.

The detaining

authority

shall

produce

without

unreasonable

delay

thedetained person before the reviewing authority.


Principle 33
1.

A detained or imprisoned person or his counsel shall

have the right tomake a request or complaint regarding his


treatment, in particular in case oftorture or other cruel,
inhuman

or

degrading

treatment,

to

the

authoritiesresponsible for the administration of the place of


detention and to higherauthorities and, when necessary, to
appropriate authorities vested withreviewing or remedial
powers.
2.

In those cases where neither the detained or imprisoned

person nor hiscounsel has the possibility to exercise his


rights under paragraph 1 of thepresent principle, a member
of the family of the detained or imprisoned personor any
other person who has knowledge of the case may exercise
such rights.
3.

Confidentiality concerning the request or complaint shall

be maintainedif so requested by the complainant.


4.

Every request or complaint shall be promptly dealt with

and replied towithout undue delay.

If the request or

complaint is rejected or, in case ofinordinate delay, the

complainant shall be entitled to bring it before a judicial or


other authority. Neither the detained or imprisoned person
norany complainant under paragraph 1 of the present
principle shall sufferprejudice for making a request or
complaint.
Principle 34
Whenever the death or disappearance of a detained or
imprisoned

personoccurs

imprisonment,

an

inquiry

during
into

his

the

detention

cause

or

ofdeath

or

disappearance shall be held by a judicial or other authority,


eitheron its own motion or at the instance of a member of
the family of such aperson or any person who has knowledge
of the case.
inquiry

shall

When circumstances so warrant, such an


be

held

on

the

same

procedural

basis

wheneverthe death or disappearance occurs shortly after the


termination of thedetention or imprisonment.

The findings

of such inquiry or a report there onshall be made available


upon request, unless doing so would jeopardize anongoing
criminal investigation.
Principle 35
1.

Damage incurred because of acts or omissions by a

public officialcontrary to the rights contained in these


principles shall be compensatedaccording to the applicable
rules on liability provided by domestic law.

2.

Information required to be recorded under these

principles shall beavailable in accordance with procedures


provided by domestic law for use inclaiming compensation
under the present principle.
Principle 36
1.

A detained person suspected of or charged with a

criminal offence shallbe presumed innocent and shall be


treated as such until proved guiltyaccording to law in a
public trial at which he has had all the guaranteesnecessary
for his defense.
2.

The arrest or detention of such a person pending

investigation and trialshall be carried out only for the


purposes of the administration of justice ongrounds and
under conditions and procedures specified by law.

The

impositionof restrictions upon such a person which are not


strictly required for thepurpose of the detention or to
prevent hindrance to the process ofinvestigation or the
administration of justice, or for the maintenance ofsecurity
and good order in the place of detention shall be forbidden.
Principle 37
A person detained on a criminal charge shall be brought
before a judicialor other authority provided by law promptly

after his arrest.

Such authorityshall decide without delay

upon the lawfulness and necessity of detention. Noperson


may be kept under detention pending investigation or trial
except uponthe written order of such an authority.
detained

person

shall,

when

broughtbefore

such

A
an

authority, have the right to make a statement on the


treatmentreceived by him while in custody.
Principle 38
A person detained on a criminal charge shall be entitled
to trial withina reasonable time or to release pending trial.
Principle 39
Except in special cases provided for by law, a person
detained on acriminal charge shall be entitled, unless a
judicial or other authoritydecides otherwise in the interest of
the administration of justice, to releasepending trial subject
to the conditions that may be imposed in accordance withthe
law.

Such authority shall keep the necessity of detention

under review.
General clause
Nothing in this Body of Principles shall be construed as
restricting orderfrom any right defined in the International
Covenant on Civil andPolitical Rights.

The United Nations also proposed the Standard Minimum


Rules for the treatment of Prisoners, which was approved in 1957
by the Economic and Social Council. These standards are an
international

point

of

reference

for

the

rights

of

prisoners(Quigley & et al., 2015). It was adopted on the 30 th of


August in the year 1955 by the First United Nations Congress on
the Prevention of Crime and the treatment of Offenders. It laid
specific standardssuch as the fundamental rights and basic
needsof the prisoners that should be met and observed in order
to satisfy the right to an adequate standard of living to all
prisoners which includes food, drinking water, clothes and
accommodation. The following sections describe the types of protections
afforded to prisoners under international human rights law. These principles
and standards are certainly not an exhaustive list, but are meant to be a
survey of what type of protections are available for prisoners under
international human rights law and a starting place for those interested in
using international human rights as a basis for prison reform and the
augmentation of prisoner rights (Quigley & Godchaux, 2015).On the

7th October year 2015, the United Nations introduced the Revised
Standard Minimum Rules for the Treatment of Prisoners which was
called the Nelson Mandela Rules. The Revised Standard Minimum
Rules covers that no discrimination should be exhibited, that the
religious and moral beliefs of prisoners should be respected and
that legal representation from the vulnerable groups inside the
prison are mandated and protected. Additionally, it requires
prison director to report any cases of death, disappearance or
infliction of serious injury to prisoners and must be able to

conduct fair and just investigations to such cases. The following


provisions as set out in the Revised Standard Minimum Rules for
the Treatment of Prisoners:
Rule 1
All prisoners shall be treated with the respect due to
their inherent dignity and value as human beings. No
prisoner shall be subjected to, and all prisoners shall be
protected
degrading

from,

torture

treatment

or

and

other

cruel,

punishment,

for

inhuman

or

which

no

circumstances whatsoever may be invoked as a justification.


The safety and security of prisoners, staff, service providers
and visitors shall be ensured at all times.
Rule 2
1. The present rules shall be applied impartially. There
shall be no discrimination on the grounds of race,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or any
other status. The religious beliefs and moral precepts
of prisoners shall be respected.
2. In order for the principle of non-discrimination to be
put into practice, prison administrations shall take
account of the individual needs of prisoners, in
particular the most vulnerable categories in prison
settings. Measures to protect and promote the rights of

prisoners with special needs are required and shall not


be regarded as discriminatory.
Rule 3
Imprisonment and other measures that result in cutting
off persons from the outside world are afflictive by the very
fact of taking from these persons the right of selfdetermination by depriving them of their liberty. Therefore
the prison system shall not, except as incidental to justifiable
separation or the maintenance of discipline, aggravate the
suffering inherent in such a situation.
Rule 4
1. The purposes of a sentence of imprisonment or similar
measures deprivative of a persons liberty are primarily
to protect society against crime and to reduce
recidivism. Those purposes can be achieved only if the
period of imprisonment is used to ensure, so far as
possible, the reintegration of such persons into society
upon release so that they can lead a law-abiding and
self-supporting life.
2. To

this

end,

competent

prison

authorities

administrations
should

offer

and

other

education,

vocational training and work, as well as other forms of


assistance that are appropriate and available, including
those of a remedial, moral, spiritual, social and health-

and

sports-based

nature.

All

such

programmes,

activities and services should be delivered in line with


the individual treatment needs of prisoners.
Rule 5
1. The prison regime should seek to minimize any
differences between prison life and life at liberty that
tend to lessen the responsibility of the prisoners or the
respect due to their dignity as human beings.
2. Prison

administrations

accommodation

and

shall

make

adjustments

all
to

reasonable
ensure

that

prisoners with physical, mental or other disabilities


have full and effective access to prison life on an
equitable basis.

Prisoner file management


Rule 6
There shall be a standardized prisoner file management
system in every place where persons are imprisoned. Such a
system may be an electronic database of records or a
registration

book

with

numbered

and

signed

pages.

Procedures shall be in place to ensure a secure audit trail


and to prevent unauthorized access to or modification of any
information contained in the system.
Rule 7

No person shall be received in a prison without a valid


commitment order. The following information shall be
entered in the prisoner file management system upon
admission of every prisoner:
(a)

Precise information enabling determination of his

or her unique identity, respecting his or her selfperceived gender;


(b)

The reasons for his or her commitment and the

responsible authority, in addition to the date, time and


place of arrest;
(c)

The day and hour of his or her admission and

release as well as of any transfer;


(d)

Any visible injuries and complaints about prior ill-

treatment;
(e)

An inventory of his or her personal property;

(f) The names of his or her family members, including,


where applicable, his or her children, the childrens
ages, location and custody or guardianship status;
(g)

Emergency contact details and information on the

prisoners next of kin.


Rule 8

The following information shall be entered in the prisoner


file management system in the course of imprisonment,
where applicable:
(a)

Information

including

dates

related
of

to

court

the

judicial

hearings

process,

and

legal

representation;
(b)

Initial assessment and classification reports;

(c)

Information related to behaviour and discipline;

(d)

Requests and complaints, including allegations of

torture or other cruel, inhuman or degrading treatment


or punishment, unless they are of a confidential nature;
(e)

Information

on

the

imposition

of

disciplinary

sanctions;
(f) Information on the circumstances and causes of any
injuries or death and, in the case of the latter, the
destination of the remains.
Rule 9
All records referred to in rules 7 and 8 shall be kept
confidential and made available only to those whose
professional responsibilities require access to such records.
Every prisoner shall be granted access to the records
pertaining to him or her, subject to redactions authorized
under domestic legislation, and shall be entitled to receive
an official copy of such records upon his or her release.

Rule 10
Prisoner file management systems shall also be used to
generate

reliable

data

about

trends

relating

to

and

characteristics of the prison population, including occupancy


rates, in order to create a basis for evidence-based decisionmaking.

Separation of categories
Rule 11
The different categories of prisoners shall be kept in
separate institutions or parts of institutions, taking account
of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment; thus:
(a)

Men and women shall so far as possible be detained in

separate institutions; in an institution which receives both


men and women, the whole of the premises allocated to
women shall be entirely separate;
(b)

Untried prisoners shall be kept separate from convicted

prisoners;
(c)

Persons imprisoned for debt and other civil prisoners

shall be kept separate from persons imprisoned by reason


of a criminal offence;
(d)

Young prisoners shall be kept separate from adults.

Accommodation
Rule 12
1. Where sleeping accommodation is in individual cells or
rooms, each prisoner shall occupy by night a cell or
room by himself or herself. If for special reasons, such
as temporary overcrowding, it becomes necessary for
the central prison administration to make an exception
to this rule, it is not desirable to have two prisoners in
a cell or room.
2. Where dormitories are used, they shall be occupied by
prisoners carefully selected as being suitable to
associate with one another in those conditions. There
shall be regular supervision by night, in keeping with
the nature of the prison.
Rule 13
All accommodation provided for the use of prisoners and in
particular

all

sleeping

accommodation

shall

meet

all

requirements of health, due regard being paid to climatic


conditions and particularly to cubic content of air, minimum
floor space, lighting, heating and ventilation.
Rule 14
In all places where prisoners are required to live or
work:

(a) The windows shall be large enough to enable the


prisoners to read or work by natural light and shall be
so constructed that they can allow the entrance of
fresh air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient for the
prisoners to read or work without injury to eyesight.
Rule 15
The sanitary installations shall be adequate to enable every
prisoner to comply with the needs of nature when necessary
and in a clean and decent manner.
Rule 16
Adequate bathing and shower installations shall be provided
so that every prisoner can, and may be required to, have a
bath or shower, at a temperature suitable to the climate, as
frequently as necessary for general hygiene according to
season and geographical region, but at least once a week in
a temperate climate.
Rule 17
All parts of a prison regularly used by prisoners shall be
properly maintained and kept scrupulously clean at all times.
Personal hygiene
Rule 18

1. Prisoners shall be required to keep their persons clean,


and to this end they shall be provided with water and
with such toilet articles as are necessary for health and
cleanliness.
2. In

order

that

prisoners

may

maintain

good

appearance compatible with their self-respect, facilities


shall be provided for the proper care of the hair and
beard, and men shall be able to shave regularly.

Clothing and bedding


Rule 19
1. Every prisoner who is not allowed to wear his or her
own clothing shall be provided with an outfit of clothing
suitable for the climate and adequate to keep him or
her in good health. Such clothing shall in no manner be
degrading or humiliating.
2. All clothing shall be clean and kept in proper condition.
Underclothing shall be changed and washed as often
as necessary for the maintenance of hygiene.
3. In exceptional circumstances, whenever a prisoner is
removed outside the prison for an authorized purpose,
he or she shall be allowed to wear his or her own
clothing or other inconspicuous clothing.
Rule 20

If prisoners are allowed to wear their own clothing,


arrangements shall be made on their admission to the prison
to ensure that it shall be clean and fit for use.

Rule 21
Every prisoner shall, in accordance with local or
national standards, be provided with a separate bed and
with separate and sufficient bedding which shall be clean
when issued, kept in good order and changed often enough
to ensure its cleanliness.

Food
Rule 22
1. Every prisoner shall be provided by the prison
administration at the usual hours with food of
nutritional value adequate for health and strength,
of wholesome quality and well prepared and
served.
2. Drinking water shall be available to every prisoner
whenever he or she needs it.
Exercise and sport
Rule 23

1. Every prisoner who is not employed in outdoor work


shall have at least one hour of suitable exercise in the
open air daily if the weather permits.
2. Young prisoners, and others of suitable age and
physique,

shall

receive

physical

and

recreational

training during the period of exercise. To this end,


space, installations and equipment should be provided.
Health-care services
Rule 24
1. The provision of health care for prisoners is a State
responsibility.

Prisoners

should

enjoy

the

same

standards of health care that are available in the


community, and should have access to necessary
health-care

services

free

of

charge

without

discrimination on the grounds of their legal status.


2. Health-care services should be organized in close
relationship to the general public health administration
and in a way that ensures continuity of treatment and
care,

including

for

HIV,

tuberculosis

and

other

infectious diseases, as well as for drug dependence.


Rule 25
1. Every prison shall have in place a health-care service
tasked with evaluating, promoting, protecting and
improving the physical and mental health of prisoners,

paying particular attention to prisoners with special


health-care needs or with health issues that hamper
their rehabilitation.
2. The

health-care

interdisciplinary

service
team

shall

with

consist

sufficient

of

an

qualified

personnel acting in full clinical independence and shall


encompass sufficient expertise in psychology and
psychiatry. The services of a qualified dentist shall be
available to every prisoner.

Rule 26
1. The health-care service shall prepare and maintain
accurate,

up-to-date

and

confidential

individual

medical files on all prisoners, and all prisoners should


be granted access to their files upon request. A
prisoner may appoint a third party to access his or her
medical file.
2. Medical files shall be transferred to the health-care
service of the receiving institution upon transfer of a
prisoner and shall be subject to medical confidentiality.
Rule 27
1. All prisons shall ensure prompt access to medical
attention in urgent cases. Prisoners who require
specialized treatment or surgery shall be transferred to

specialized institutions or to civil hospitals. Where a


prison service has its own hospital facilities, they shall
be

adequately

staffed

and

equipped

to

provide

prisoners referred to them with appropriate treatment


and care.
2. Clinical decisions may only be taken by the responsible
health-care professionals and may not be overruled or
ignored by non-medical prison staff.
Rule 28
In

womens

prisons,

there

shall

be

special

accommodation for all necessary prenatal and postnatal care


and treatment. Arrangements shall be made wherever
practicable for children to be born in a hospital outside the
prison. If a child is born in prison, this fact shall not be
mentioned in the birth certificate.
Rule 29
1. A decision to allow a child to stay with his or her
parent in prison shall be based on the best interests
of the child concerned. Where children are allowed
to remain in prison with a parent, provision shall be
made for:
(a)

Internal or external childcare facilities staffed by

qualified persons, where the children shall be placed when


they are not in the care of their parent;

(b)

Child-specific health-care services, including health

screenings upon admission and ongoing monitoring of their


development by specialists.
2. Children in prison with a parent shall never be
treated as prisoners.
Rule 30
A physician or other qualified health-care professionals,
whether or not they are required to report to the physician,
shall see, talk with and examine every prisoner as soon as
possible following his or her admission and thereafter as
necessary. Particular attention shall be paid to:
(a)

Identifying health-care needs and taking all necessary

measures for treatment;


(b)

Identifying any ill-treatment that arriving prisoners may

have been subjected to prior to admission;


(c)

Identifying any signs of psychological or other stress

brought on by the fact of imprisonment, including, but not


limited to, the risk of suicide or self-harm and withdrawal
symptoms resulting from the use of drugs, medication or
alcohol;

and

undertaking

all

appropriate

individualized

measures or treatment;
(d)

In cases where prisoners are suspected of having

contagious diseases, providing for the clinical isolation and

adequate treatment of those prisoners during the infectious


period;
(e)

Determining the fitness of prisoners to work, to exercise

and to participate in other activities, as appropriate.


Rule 31
The physician or, where applicable, other qualified
health-care professionals shall have daily access to all sick
prisoners, all prisoners who complain of physical or mental
health issues or injury and any prisoner to whom their
attention is specially directed. All medical examinations shall
be undertaken in full confidentiality.
Rule 32
1. The relationship between the physician or other healthcare professionals and the prisoners shall be governed
by the same ethical and professional standards as
those applicable to patients in the community, in
particular:
(a)

The duty of protecting prisoners physical and mental

health and the prevention and treatment of disease on the


basis of clinical grounds only;
(b)

Adherence to prisoners autonomy with regard to their

own health and informed consent in the doctor-patient


relationship;

(c)

The

confidentiality

of

medical

information,

unless

maintaining such confidentiality would result in a real and


imminent threat to the patient or to others;
(d)

An

absolute

prohibition

on

engaging,

actively

or

passively, in acts that may constitute torture or other cruel,


inhuman or degrading treatment or punishment, including
medical

or

scientific

experimentation

that

may

be

detrimental to a prisoners health, such as the removal of a


prisoners cells, body tissues or organs.
2. Without prejudice to paragraph 1 (d) of this rule,
prisoners may be allowed, upon

their free and

informed consent and in accordance with applicable


law, to participate in clinical trials and other health
research accessible in the community if these are
expected to produce a direct and significant benefit to
their health, and to donate cells, body tissues or
organs to a relative.
Rule 33
The physician shall report to the prison director
whenever he or she considers that a prisoners physical or
mental health has been or will be injuriously affected by
continued

imprisonment

imprisonment.
Rule 34

or

by

any

condition

of

If, in the course of examining a prisoner upon admission


or providing medical care to the prisoner thereafter, healthcare professionals become aware of any signs of torture or
other cruel, inhuman or degrading treatment or punishment,
they shall document and report such cases to the competent
medical,

administrative

or

judicial

authority.

Proper

procedural safeguards shall be followed in order not to


expose the prisoner or associated persons to foreseeable risk
of harm.
Rule 35
1. The physician or competent public health body shall
regularly inspect and advise the prison director on:
(a)

The quantity, quality, preparation and service of

food;
(b)

The hygiene and cleanliness of the institution and

the prisoners;
(c)

The

sanitation,

temperature,

lighting

and

ventilation of the prison;


(d)

The suitability and cleanliness of the prisoners

clothing and bedding;


(e)

The observance of the rules concerning physical

education and sports, in cases where there is no


technical personnel in charge of these activities.

2. The prison director shall take into consideration the


advice and reports provided in

accordance with

paragraph 1 of this rule and rule 33 and shall take


immediate steps to give effect to the advice and the
recommendations in the reports. If the advice or
recommendations

do

not

fall

within

the

prison

directors competence or if he or she does not concur


with them, the director shall immediately submit to a
higher authority his or her own report and the advice
or recommendations of the physician or competent
public health body.

Restrictions, discipline, and sanctions


Rule 36
Discipline and order shall be maintained with no more
restriction than is necessary to ensure safe custody, the
secure operation of the prison and a well ordered community
life.
Rule 37
The following shall always be subject to authorization by law
or by the regulation of the competent administrative
authority:
(a)

Conduct constituting a disciplinary offence;

(b)

The types and duration of sanctions that may be

imposed;
(c)

The

authority

competent

to

impose

such

sanctions;
(d)

Any form of involuntary separation from the

general

prison

population,

such

as

solitary

confinement, isolation, segregation, special care units


or restricted housing, whether as a disciplinary sanction
or for the maintenance of order and security, including
promulgating policies and procedures governing the
use and review of, admission to and release from any
form of involuntary separation.

Rule 38
1. Prison administrations are encouraged to use, to the
extent possible, conflict prevention, mediation or any
other alternative dispute resolution mechanism to
prevent disciplinary offences or to resolve conflicts.
2. For prisoners who are, or have been, separated, the
prison

administration

shall

take

the

necessary

measures to alleviate the potential detrimental effects


of their confinement on them and on their community
following their release from prison.
Rule 39

1. No prisoner shall be sanctioned except in accordance


with the terms of the law or regulation referred to in
rule 37 and the principles of fairness and due process.
A prisoner shall never be sanctioned twice for the
same act or offence.
2. Prison

administrations shall ensure

proportionality

between a disciplinary sanction and the offence for


which it is established, and shall keep a proper record
of all disciplinary sanctions imposed.
3. Before

imposing

disciplinary

sanctions,

prison

administrations shall consider whether and how a


prisoners mental illness or developmental disability
may have contributed to his or her conduct and the
commission of the offence or act underlying the
disciplinary charge. Prison administrations shall not
sanction any conduct of a prisoner that is considered
to be the direct result of his or her mental illness or
intellectual disability.
Rule 40
1. No prisoner shall be employed, in the service of the
prison, in any disciplinary capacity.
2. This rule shall not, however, impede the proper
functioning of systems based on self-government,
under which specified social, educational or sports
activities

or

responsibilities

are

entrusted,

under

supervision, to prisoners who are formed into groups


for the purposes of treatment.
Rule 41
1. Any allegation of a disciplinary offence by a prisoner
shall be reported promptly to the competent authority,
which shall investigate it without undue delay.
2. Prisoners shall be informed, without delay and in a
language that they understand, of the nature of the
accusations against them and shall be given adequate
time and facilities for the preparation of their defence.
3. Prisoners shall be allowed to defend themselves in
person, or through legal assistance when the interests
of justice so require, particularly in cases involving
serious disciplinary charges. If the prisoners do not
understand

or

speak

the

language

used

at

disciplinary hearing, they shall be assisted by a


competent interpreter free of charge.
4. Prisoners shall have an opportunity to seek judicial
review of disciplinary sanctions imposed against them.
5. In the event that a breach of discipline is prosecuted as
a crime, prisoners shall be entitled to all due process
guarantees

applicable

to

criminal

proceedings,

including unimpeded access to a legal adviser.


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.
Rule 43
1. In no circumstances may restrictions or disciplinary
sanctions amount to torture or other cruel, inhuman or
degrading treatment or punishment. The following
practices, in particular, shall be prohibited:
(a) Indefinite solitary confinement;
(b)

Prolonged solitary confinement;

(c)

Placement of a prisoner in a dark or constantly lit cell;

(d)

Corporal punishment or the reduction of a prisoners

diet or drinking water;


(e)

Collective punishment.

2. Instruments of restraint shall never be applied as a


sanction for disciplinary offences.
3. Disciplinary sanctions or restrictive measures shall not
include the prohibition of family contact. The means of
family contact may only be restricted for a limited time
period and as strictly required for the maintenance of
security and order.

Rule 44
For the purpose of these rules, solitary confinement
shall refer to the confinement of prisoners for 22 hours or
more a day without meaningful human contact. Prolonged
solitary confinement shall refer to solitary confinement for a
time period in excess of 15 consecutive days.
Rule 45
1. Solitary confinement shall be used only in exceptional
cases as a last resort, for as short a time as possible
and subject to independent review, and only pursuant
to the authorization by a competent authority. It shall
not be imposed by virtue of a prisoners sentence.
2. The imposition of solitary confinement should be
prohibited in the case of prisoners with mental or
physical disabilities when their conditions would be
exacerbated by such measures. The prohibition of the
use of solitary confinement and similar measures in
cases involving women and children, as referred to in
other United Nations standards and norms in crime
prevention and criminal justice, continues to apply.

Rule 46

1. Health-care personnel shall not have any role in the


imposition of disciplinary sanctions or other restrictive
measures.

They

shall,

however,

pay

particular

attention to the health of prisoners held under any


form of involuntary separation, including by visiting
such prisoners on a daily basis and providing prompt
medical assistance and treatment at the request of
such prisoners or prison staff.
2. Health-care
director,

personnel

without

shall

delay,

report

any

to

adverse

the

prison

effect

of

disciplinary sanctions or other restrictive measures on


the physical or mental health of a prisoner subjected to
such sanctions or measures and shall advise the
director if they consider it necessary to terminate or
alter them for physical or mental health reasons.
3. Health-care personnel shall have the authority to
review and recommend changes to the involuntary
separation of a prisoner in order to ensure that such
separation does not exacerbate the medical condition
or mental or physical disability of the prisoner.

Instruments of restraint
Rule 47

1. The use of chains, irons or other instruments of restraint


which are inherently degrading or painful shall be
prohibited.
2. Other instruments of restraint shall only be used when
authorized by law and in the following circumstances:
(a) As a precaution against escape during a transfer,
provided that they are removed when the prisoner
appears before a judicial or administrative authority;
(b) By order of the prison director, if other methods of
control fail, in order to prevent a prisoner from injuring
himself or herself or others or from damaging property;
in such instances, the director shall immediately alert
the

physician

or

other

qualified

health-care

professionals and report to the higher administrative


authority.
Rule 48
1. When the imposition of instruments of restraint is authorized
in accordance with paragraph 2 of rule 47, the following
principles shall apply:
(a) Instruments of restraint are to be imposed only when
no lesser form of control would be effective to address
the risks posed by unrestricted movement;
(b) The method of restraint shall be the least intrusive
method that is necessary and reasonably available to

control the prisoners movement, based on the level


and nature of the risks posed;
(c) Instruments of restraint shall be imposed only for the
time period required, and they are to be removed as
soon as possible after the risks posed by unrestricted
movement are no longer present.
2. Instruments of restraint shall never be used on women
during labour, during childbirth and immediately after
childbirth.
Rule 49
The prison administration should seek access to, and
provide training in the use of, control techniques that would
obviate the need for the imposition of instruments of
restraint or reduce their intrusiveness.

Searches of prisoners and cells


Rule 50
The

laws

and

regulations

governing

searches

of

prisoners and cells shall be in accordance with obligations


under

international

law

and

shall

take

into

account

international standards and norms, keeping in mind the need


to ensure security in the prison. Searches shall be conducted
in a manner that is respectful of the inherent human dignity

and privacy of the individual being searched, as well as the


principles of proportionality, legality and necessity.
Rule 51
Searches shall not be used to harass, intimidate or
unnecessarily intrude upon a prisoners privacy. For the
purpose of accountability, the prison administration shall
keep appropriate records of searches, in particular 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 any results of the searches.
Rule 52
1. Intrusive searches, including strip and body cavity
searches, should be undertaken only if absolutely
necessary. Prison administrations shall be encouraged
to

develop

intrusive

and

use

searches.

appropriate

Intrusive

alternatives

searches

shall

to
be

conducted in private and by trained staff of the same


sex as the prisoner.
2. Body cavity searches shall be conducted only by
qualified health-care professionals other than those
primarily responsible for the care of the prisoner or, at
a minimum, by staff appropriately trained by a medical
professional in standards of hygiene, health and safety.
Rule 53

Prisoners shall have access to, or be allowed to keep in


their possession without access by the prison administration,
documents relating to their legal proceedings.

Information to and complaints by prisoners


Rule 54
Upon admission, every prisoner shall be promptly provided
with written information about:
(a)

The prison law and applicable prison regulations;

(b)

His or her rights, including authorized methods of

seeking information, access to legal advice, including


through legal aid schemes, and procedures for making
requests or complaints;
(c)

His

or

her

obligations,

including

applicable

disciplinary sanctions; and


(d)

All other matters necessary to enable the prisoner

to adapt himself or herself to the life of the prison.


Rule 55
1. The information referred to in rule 54 shall be available
in the most commonly used languages in accordance
with the needs of the prison population. If a prisoner
does

not

understand

any

of

those

languages,

interpretation assistance should be provided.

2. If a prisoner is illiterate, the information shall be


conveyed to him or her orally. Prisoners with sensory
disabilities should be provided with information in a
manner appropriate to their needs.
3. The prison administration shall prominently display
summaries of the information in common areas of the
prison.
Rule 56
1. Every prisoner shall have the opportunity each day to
make requests or complaints to the prison director or
the prison staff member authorized to represent him or
her.
2. It shall be possible to make requests or complaints to
the inspector of prisons during his or her inspections.
The prisoner shall have the opportunity to talk to the
inspector or any other inspecting officer freely and in
full confidentiality, without the director or other
members of the staff being present.
3. Every prisoner shall be allowed to make a request or
complaint regarding his or her treatment, without
censorship as to substance, to the central prison
administration and to the judicial or other competent
authorities, including those vested with reviewing or
remedial power.

4. The rights under paragraphs 1 to 3 of this rule shall


extend to the legal adviser of the prisoner. In those
cases where neither the prisoner nor his or her legal
adviser has the possibility of exercising such rights, a
member of the prisoners family or any other person
who has knowledge of the case may do so.
Rule 57
1. Every request or complaint shall be promptly dealt with
and replied to without delay. If the request or
complaint is rejected, or in the event of undue delay,
the complainant shall be entitled to bring it before a
judicial or other authority.
2. Safeguards shall be in place to ensure that prisoners
can make requests or complaints safely and, if so
requested

by

the

complainant,

in

confidential

manner. A prisoner or other person mentioned in


paragraph 4 of rule 56 must not be exposed to any risk
of

retaliation,

intimidation

or

other

negative

consequences as a result of having submitted a


request or complaint.
3. Allegations of torture or other cruel, inhuman or
degrading treatment or punishment of prisoners shall
be dealt with immediately and shall result in a prompt
and

impartial

investigation

conducted

by

an

independent national authority in accordance with


paragraphs 1 and 2 of rule 71.

Contact with the outside world


Rule 58
1. Prisoners

shall

be

allowed,

under

necessary

supervision, to communicate with their family and


friends at regular intervals:
(a)

By corresponding in writing and using, where available,

telecommunication, electronic, digital and other means;


and
(b)

By receiving visits.

2. Where conjugal visits are allowed, this right shall be


applied without discrimination, and women prisoners
shall be able to exercise this right on an equal basis
with men. Procedures shall be in place and premises
shall be made available to ensure fair and equal access
with due regard to safety and dignity.
Rule 59
Prisoners shall be allocated, to the extent possible, to
prisons close to their homes or their places of social
rehabilitation.

Rule 60
1. Admission of visitors to the prison facility is contingent
upon the visitors consent to being searched. The
visitor may withdraw his or her consent at any time, in
which case the prison administration may refuse
access.
2. Search and entry procedures for visitors shall not be
degrading and shall be governed by principles at least
as protective as those outlined in rules 50 to 52. Body
cavity searches should be avoided and should not be
applied to children.
Rule 61
1. Prisoners

shall

be

provided

with

adequate

opportunity, time and facilities to be visited by and


to communicate and consult with a legal adviser of
their own choice or a legal aid provider, without
delay,

interception

or

censorship

and

in

full

confidentiality, on any legal matter, in conformity


with applicable domestic law. Consultations may be
within sight, but not within hearing, of prison staff.
2. In cases in which prisoners do not speak the local
language, the prison administration shall facilitate

access

to

the

services

of

an

independent

competent interpreter.
3. Prisoners should have access to effective legal aid.

Rule 62
1. Prisoners who are foreign nationals shall be allowed
reasonable

facilities

to

communicate

with

the

diplomatic and consular representatives of the State to


which they belong.
2. Prisoners

who

are

nationals

of

States

without

diplomatic or consular representation in the country


and refugees or stateless persons shall be allowed
similar facilities to communicate with the diplomatic
representative of the State which takes charge of their
interests or any national or international authority
whose task it is to protect such persons.
Rule 63
Prisoners shall be kept informed regularly of the more
important items of news by the reading of newspapers,
periodicals or special institutional publications, by hearing
wireless transmissions, by lectures or by any similar means
as authorized or controlled by the prison administration.

Books
Rule 64
Every prison shall have a library for the use of all
categories of prisoners, adequately stocked with both
recreational and instructional books, and prisoners shall be
encouraged to make full use of it.
Religion
Rule 65
1. If the prison contains a sufficient number of prisoners
of the same religion, a qualified representative of that
religion shall be appointed or approved. If the number
of prisoners justifies it and conditions permit, the
arrangement should be on a full-time basis.
2. A qualified representative appointed or approved
under paragraph 1 of this rule shall be allowed to hold
regular services and to pay pastoral visits in private to
prisoners of his or her religion at proper times.
3. Access to a qualified representative of any religion
shall not be refused to any prisoner. On the other hand,
if any prisoner should object to a visit of any religious
representative, his or her attitude shall be fully
respected.

Rule 66
So far as practicable, every prisoner shall be allowed to
satisfy the needs of his or her religious life by attending the
services provided in the prison and having in his or her
possession the books of religious observance and instruction
of his or her denomination.
Retention of prisoners property
Rule 67
1. All money, valuables, clothing and other effects
belonging to a prisoner which he or she is not allowed
to retain under the prison regulations shall on his or
her admission to the prison be placed in safe custody.
An inventory thereof shall be signed by the prisoner.
Steps shall be taken to keep them in good condition.
2. On the release of the prisoner, all such articles and
money shall be returned to him or her except in so far
as he or she has been authorized to spend money or
send any such property out of the prison, or it has
been found necessary on hygienic grounds to destroy
any article of clothing. The prisoner shall sign a receipt
for the articles and money returned to him or her.
3. Any money or effects received for a prisoner from
outside shall be treated in the same way.

4. If a prisoner brings in any drugs or medicine, the


physician or other qualified health-care professionals
shall decide what use shall be made of them.

Notifications
Rule 68
Every prisoner shall have the right, and shall be given
the ability and means, to inform immediately his or her
family, or any other person designated as a contact person,
about his or her imprisonment, about his or her transfer to
another institution and about any serious illness or injury.
The sharing of prisoners personal information shall be
subject to domestic legislation.

Rule 69
In the event of a prisoners death, the prison director
shall at once inform the prisoners next of kin or emergency
contact. Individuals designated by a prisoner to receive his
or her health information shall be notified by the director of
the prisoners serious illness, injury or transfer to a health
institution. The explicit request of a prisoner not to have his
or her spouse or nearest relative notified in the event of
illness or injury shall be respected.

Rule 70
The prison administration shall inform a prisoner at
once of the serious illness or death of a near relative or any
significant

other.

Whenever

circumstances

allow,

the

prisoner should be authorized to go, either under escort or


alone, to the bedside of a near relative or significant other
who is critically ill, or to attend the funeral of a near relative
or significant other.

Investigations
Rule 71
1. Notwithstanding

the

initiation

of

an

internal

investigation, the prison director shall report, without


delay, any custodial death, disappearance or serious
injury to a judicial or other competent authority that is
independent

of

the

prison

administration

and

mandated to conduct prompt, impartial and effective


investigations into the circumstances and causes of
such cases. The prison administration shall fully
cooperate with that authority and ensure that all
evidence is preserved.
2. The obligation in paragraph 1 of this rule shall equally
apply whenever there are reasonable grounds to
believe that an act of torture or other cruel, inhuman

or degrading treatment or punishment has been


committed in prison, irrespective of whether a formal
complaint has been received.
3. Whenever there are reasonable grounds to believe that
an act referred to in paragraph 2 of this rule has been
committed, steps shall be taken immediately to ensure
that

all

potentially

implicated

persons

have

no

involvement in the investigation and no contact with


the witnesses, the victim or the victims family.
Rule 72
The prison administration shall treat the body of a
deceased prisoner with respect and dignity. The body of a
deceased prisoner should be returned to his or her next of
kin as soon as reasonably possible, at the latest upon
completion of the investigation. The prison administration
shall facilitate a culturally appropriate funeral if there is no
other responsible party willing or able to do so and shall
keep a full record of the matter.
Removal of prisoners
Rule 73
1. When prisoners are being removed to or from an institution,
they shall be exposed to public view as little as possible,
and proper safeguards shall be adopted to protect them
from insult, curiosity and publicity in any form.

2. The transport of prisoners in conveyances with inadequate


ventilation or light, or in any way which would subject them
to unnecessary physical hardship, shall be prohibited.
3. The transport of prisoners shall be carried out at the
expense of the prison administration and equal conditions
shall apply to all of them.

Institutional personnel
Rule 74
1. The prison administration shall provide for the careful
selection of every grade of the personnel, since it is on
their integrity, humanity, professional capacity and
personal suitability for the work that the proper
administration of prisons depends.
2. The prison administration shall constantly seek to
awaken and maintain in the minds both of the
personnel and of the public the conviction that this
work is a social service of great importance, and to this
end all appropriate means of informing the public
should be used.
3. To secure the foregoing ends, personnel shall be
appointed on a full-time basis as professional prison
staff and have civil service status with security of
tenure subject only to good conduct, efficiency and

physical fitness. Salaries shall be adequate to attract


and retain suitable men and women; employment
benefits and conditions of service shall be favorable in
view of the exacting nature of the work.
Rule 75
1. All prison staff shall possess an adequate standard of
education and shall be given the ability and means to
carry out their duties in a professional manner.
2. Before entering on duty, all prison staff shall be
provided with training tailored to their general and
specific

duties,

which

shall

be

reflective

of

contemporary evidence-based best practice in penal


sciences. Only those candidates who successfully pass
the theoretical and practical tests at the end of such
training shall be allowed to enter the prison service.
3. The prison administration shall ensure the continuous
provision of in service training courses with a view to
maintaining

and

improving

the

knowledge

and

professional capacity of its personnel, after entering on


duty and during their career.
Rule 76
1. Training referred to in paragraph 2 of rule 75 shall
include, at a minimum, training on:

(a) Relevant national legislation, regulations and policies,


as

well

as

applicable

international

and

regional

instruments, the provisions of which must guide the


work and interactions of prison staff with inmates;
(b) Rights and duties of prison staff in the exercise of
their functions, including respecting the human dignity
of all prisoners and the prohibition of certain conduct,
in particular torture and other cruel, inhuman or
degrading treatment or punishment;
(c) Security and safety, including the concept of dynamic
security, the use of force and instruments of restraint,
and the management of violent offenders, with due
consideration of preventive and defusing techniques,
such as negotiation and mediation;
(d) First aid, the psychosocial needs of prisoners and the
corresponding dynamics in prison settings, as well as
social care and assistance, including early detection of
mental health issues.
2. Prison staff who are in charge of working with certain
categories of prisoners, or who are assigned other
specialized functions, shall receive training that has a
corresponding focus.
Rule 77

All prison staff shall at all times so conduct themselves


and perform their duties as to influence the prisoners for
good by their example and to command their respect.
Rule 78
1. So far as possible, prison staff shall include a sufficient
number

of

psychologists,

specialists
social

such

workers,

as

psychiatrists,

teachers

and

trade

instructors.
2. The services of social workers, teachers and trade
instructors shall be secured on a permanent basis,
without

thereby

excluding

part-time

or

voluntary

workers.
Rule 79
1. The prison director should be adequately qualified for
his or her task by character, administrative ability,
suitable training and experience.
2. The prison director shall devote his or her entire
working time to official duties and shall not be
appointed on a part-time basis. He or she shall reside
on the premises of the prison or in its immediate
vicinity.
3. When two or more prisons are under the authority of
one director, he or she shall visit each of them at

frequent intervals. A responsible resident official shall


be in charge of each of these prisons.
Rule 80
1. The prison director, his or her deputy, and the
majority of other prison staff shall be able to speak
the language of the greatest number of prisoners,
or a language understood by the greatest number
of them.
2. Whenever necessary, the services of a competent
interpreter shall be used.

Rule 81
1. In a prison for both men and women, the part of the
prison set aside for women shall be under the authority
of a responsible woman staff member who shall have
the custody of the keys of all that part of the prison.
2. No male staff member shall enter the part of the prison
set aside for women unless accompanied by a woman
staff member.
3. Women prisoners shall be attended and supervised
only by women staff members. This does not, however,
preclude male staff members, particularly doctors and
teachers, from carrying out their professional duties in
prisons or parts of prisons set aside for women.

Rule 82
1. Prison staff shall not, in their relations with the
prisoners, use force except in self-defence or in cases
of attempted escape, or active or passive physical
resistance to an order based on law or regulations.
Prison staff who have recourse to force must use no
more than is strictly necessary and must report the
incident immediately to the prison director.
2. Prison staff shall be given special physical training to
enable them to restrain aggressive prisoners.
3. Except

in

special

circumstances,

prison

staff

performing duties which bring them into direct contact


with prisoners should not be armed. Furthermore,
prison staff should in no circumstances be provided
with arms unless they have been trained in their use.

Internal and external inspections


Rule 83
1. There shall be a twofold system for regular inspections
of prisons and penal services:
(a)

Internal or administrative inspections conducted by the

central prison administration;

(b)

External inspections conducted by a body independent

of the prison administration, which may include competent


international or regional bodies.
2. In both cases, the objective of the inspections shall be
to ensure that prisons are managed in accordance with
existing laws, regulations, policies and procedures,
with a view to bringing about the objectives of penal
and corrections services, and that the rights of
prisoners are protected.
Rule 84
1. Inspectors shall have the authority:
(a) To access all information on the numbers of prisoners
and places and locations of detention, as well as all
information relevant to the treatment of prisoners,
including their records and conditions of detention;
(b) To freely choose which prisons to visit, including by
making unannounced is its at their own initiative, and
which prisoners to interview;
(c) To conduct private and fully confidential interviews with
prisoners and prison staff in the course of their visits;
(d) To make recommendations to the prison administration
and other competent authorities.
2. External inspection teams shall be composed of
qualified and experienced inspectors appointed by

a competent authority and shall encompass healthcare professionals. Due regard shall be given to
balanced gender representation.
Rule 85
1. Every inspection shall be followed by a written report
to be submitted to the competent authority. Due
consideration shall be given to making the reports of
external inspections publicly available, excluding any
personal data on prisoners unless they have given
their explicit consent.
2. The

prison

administration

or

other

competent

authorities, as appropriate, shall indicate, within a


reasonable time, whether they will implement the
recommendations

resulting

from

the

inspection.

II.

Rules applicable to special categories

A.

Prisoners under sentence

Guiding principles
Rule 86

external

The guiding principles hereafter are intended to show


the spirit in which penal institutions should be administered
and the purposes at which they should aim, in accordance
with the declaration made under preliminary observation 1
of these rules.
Rule 87
Before the completion of the sentence, it is desirable
that the necessary steps be taken to ensure for the prisoner
a gradual return to life in society. This aim may be achieved,
depending on the case, by a pre-release regime organized in
the same prison or in another appropriate institution, or by
release on trial under some kind of supervision which must
not be entrusted to the police but should be combined with
effective social aid.
Rule 88
1. The treatment of prisoners should emphasize not their
exclusion from the community but their continuing part
in it. Community agencies should therefore be enlisted
wherever possible to assist the prison staff in the task
of social rehabilitation of the prisoners.
2. There should be in connection with every prison social
workers charged with the duty of maintaining and
improving all desirable relations of a prisoner with his
or her family and with valuable social agencies. Steps

should be taken to safeguard, to the maximum extent


compatible with the law and the sentence, the rights
relating to civil interests, social security rights and
other social benefits of prisoners.
Rule 89
1. The

fulfilment

of

these

principles

requires

individualization of treatment and for this purpose a


flexible system of classifying prisoners in groups. It is
therefore
distributed

desirable
in

that

separate

such
prisons

groups

should

suitable

for

be
the

treatment of each group.


2. These prisons do not need to provide the same degree
of security for every group. It is desirable to provide
varying degrees of security according to the needs of
different groups. Open prisons, by the very fact that
they provide no physical security against escape but
rely on the self-discipline of the inmates, provide the
conditions most favourable to the rehabilitation of
carefully selected prisoners.
3. It is desirable that the number of prisoners in closed
prisons should not be so large that the individualization
of treatment is hindered. In some countries it is
considered that the population of such prisons should
not exceed 500. In open prisons the population should
be as small as possible.

4. On the other hand, it is undesirable to maintain prisons


which are so small that proper facilities cannot be
provided.
Rule 90
The duty of society does not end with a prisoners release.
There

should,

therefore,

be

governmental

or

private

agencies capable of lending the released prisoner efficient


aftercare directed towards the lessening of prejudice against
him or her and towards his or her social rehabilitation.

Treatment
Rule 91
The treatment of persons sentenced to imprisonment or
a similar measure shall have as its purpose, so far as the
length of the sentence permits, to establish in them the will
to lead law-abiding and self-supporting lives after their
release and to fit them to do so. The treatment shall be such
as will encourage their self-respect and develop their sense
of responsibility.
Rule 92
1. To these ends, all appropriate means shall be used,
including religious care in the countries where this is
possible, education, vocational guidance and training,

social casework, employment counselling, physical


development and strengthening of moral character, in
accordance with the individual needs of each prisoner,
taking account of his or her social and criminal history,
physical and mental capacities and aptitudes, personal
temperament, the length of his or her sentence and
prospects after release.
2. For every prisoner with a sentence of suitable length,
the prison director shall receive, as soon as possible
after his or her admission, full reports on all the
matters referred to in paragraph 1 of this rule. Such
reports shall always include a report by the physician
or other qualified health-care professionals on the
physical and mental condition of the prisoner.
3. The reports and other relevant documents shall be
placed in an individual file. This file shall be kept up to
date and classified in such a way that it can be
consulted by the responsible personnel whenever the
need arises.

Classification and individualization


Rule 93
1. The purposes of classification shall be:

(a) To separate from others those prisoners who, by reason


of their criminal records or characters, are likely to
exercise a bad influence;
(b) To divide the prisoners into classes in order to facilitate
their treatment with a view to their social rehabilitation.
2. So far as possible, separate prisons or separate sections
of a prison shall be used for the treatment of different
classes of prisoners.

Rule 94
As soon as possible after admission and after a study of
the personality of each prisoner with a sentence of suitable
length, a programme of treatment shall be prepared for him
or her in the light of the knowledge obtained about his or her
individual needs, capacities and dispositions.

Privileges
Rule 95
Systems of privileges appropriate for the different
classes of prisoners and the different methods of treatment
shall be established at every prison, in order to encourage

good conduct, develop a sense of responsibility and secure


the interest and cooperation of prisoners in their treatment.

Work
Rule 96
1. Sentenced prisoners shall have the opportunity to work
and/or to actively participate in their rehabilitation,
subject to a determination of physical and mental
fitness by a physician or other qualified health-care
professionals.
2. Sufficient work of a useful nature shall be provided to
keep prisoners actively employed for a normal working
day.
Rule 97
1. Prison labour must not be of an afflictive nature.
2. Prisoners shall not be held in slavery or servitude.
3. No prisoner shall be required to work for the personal or
private benefit of any prison staff.
Rule 98
1. So far as possible the work provided shall be such as will
maintain or increase the prisoners ability to earn an
honest living after release.

2. Vocational training in useful trades shall be provided for


prisoners able to profit thereby and especially for young
prisoners.
3. Within the limits compatible with proper vocational
selection and with the requirements of institutional
administration and discipline, prisoners shall be able to
choose the type of work they wish to perform.
Rule 99
1. The organization and methods of work in prisons shall
resemble as closely as possible those of similar work
outside of prisons, so as to prepare prisoners for the
conditions of normal occupational life.
2. The interests of the prisoners and of their vocational
training, however, must not be subordinated to the
purpose of making a financial profit from an industry in
the prison.
Rule 100
1. Preferably, institutional industries and farms should be
operated directly by the prison administration and not
by private contractors.
2. Where prisoners are employed in work not controlled
by the prison administration, they shall always be
under the supervision of prison staff. Unless the work is
for other departments of the government, the full

normal wages for such work shall be paid to the prison


administration by the persons to whom the labour is
supplied, account being taken of the output of the
prisoners.
Rule 101
1. The precautions laid down to protect the safety and
health of free workers shall be equally observed in
prisons.
2. Provision shall be made to indemnify prisoners against
industrial injury, including occupational disease, on
terms not less favourable than those extended by law
to free workers.
Rule 102
1. The maximum daily and weekly working hours of the
prisoners shall be fixed by law or by administrative
regulation, taking into account local rules or custom in
regard to the employment of free workers.
2. The hours so fixed shall leave one rest day a week and
sufficient time for education and other activities
required as part of the treatment and rehabilitation of
prisoners.
Rule 103
1. There shall be a system of equitable remuneration
of the work of prisoners.

2. Under the system, prisoners shall be allowed to


spend at least a part of their earnings on approved
articles for their own use and to send a part of their
earnings to their family.
3. The system should also provide that a part of the
earnings

should

be

set

aside

by

the

prison

administration so as to constitute a savings fund to


be handed over to the prisoner on his or her
release.

Education and recreation


Rule 104
1. Provision shall be made for the further education of all
prisoners

capable

of

profiting

thereby,

including

religious instruction in the countries where this is


possible. The education of illiterate prisoners and of
young prisoners shall be compulsory and special
attention

shall

be

paid

to

it

by

the

prison

administration.
2. So far as practicable, the education of prisoners shall
be integrated with the educational system of the
country so that after their release they may continue
their education without difficulty.

Rule 105
Recreational and cultural activities shall be provided in
all prisons for the benefit of the mental and physical health
of prisoners.

Social relations and aftercare


Rule 106
Special attention shall be paid to the maintenance and
improvement of such relations between a prisoner and his or
her family as are desirable in the best interests of both.

Rule 107
From

the

beginning

of

prisoners

sentence,

consideration shall be given to his or her future after release


and he or she shall be encouraged and provided assistance
to maintain or establish such relations with persons or
agencies outside the prison as may promote the prisoners
rehabilitation and the best interests of his or her family.
Rule 108
1. Services and agencies, governmental or otherwise,
which assist released prisoners in re-establishing

themselves in society shall ensure, so far as is possible


and necessary, that released prisoners are provided
with appropriate documents and identification papers,
have suitable homes and work to go to, are suitably
and adequately clothed having regard to the climate
and season and have sufficient means to reach their
destination and maintain themselves in the period
immediately following their release.
2. The approved representatives of such agencies shall
have all necessary access to the prison and to
prisoners and shall be taken into consultation as to the
future of a prisoner from the beginning of his or her
sentence.
3. It is desirable that the activities of such agencies shall
be centralized or coordinated as far as possible in
order to secure the best use of their efforts.

B.

Prisoners with mental disabilities and/or health

conditions
Rule 109
1. Persons who are found to be not criminally responsible,
or who are later diagnosed with severe mental
disabilities and/or health conditions, for whom staying
in

prison

would

mean

an

exacerbation

of their

condition, shall not be detained in prisons, and


arrangements shall be made to transfer them to
mental health facilities as soon as possible.
2. If necessary, other prisoners with mental disabilities
and/or health conditions can be observed and treated
in

specialized

facilities

under

the

supervision

of

qualified health-care professionals.


3. The health-care service shall provide for the psychiatric
treatment of all other prisoners who are in need of
such treatment.
Rule 110
It

is

desirable

that

steps

should

be

taken,

by

arrangement with the appropriate agencies, to ensure if


necessary the continuation of psychiatric treatment after
release and the provision of social-psychiatric aftercare.

C.

Prisoners under arrest or awaiting trial

Rule 111
1. Persons arrested or imprisoned by reason of a
criminal charge against them, who are detained
either in police custody or in prison custody (jail)
but have not yet been tried and sentenced, will be
referred to as untried prisoners hereinafter in
these rules.

2. Unconvicted prisoners are presumed to be innocent


and shall be treated as such.
3. Without prejudice to legal rules for the protection of
individual liberty or prescribing the procedure to be
observed in respect of untried prisoners, these
prisoners shall benefit from a special regime which
is described in the following rules in its essential
requirements only.
Rule 112
1. Untried prisoners shall be kept separate from convicted
prisoners.
2. Young untried prisoners shall be kept separate from
adults and shall in principle be detained in separate
institutions.
Rule 113
Untried prisoners shall sleep singly in separate rooms,
with the reservation of different local custom in respect of
the climate.
Rule 114
Within the limits compatible with the good order of the
institution, untried prisoners may, if they so desire, have
their food procured at their own expense from the outside,
either through the administration or through their family or

friends. Otherwise, the administration shall provide their


food.
Rule 115
An untried prisoner shall be allowed to wear his or her
own clothing if it is clean and suitable. If he or she wears
prison dress, it shall be different from that supplied to
convicted prisoners.
Rule 116
An untried prisoner shall always be offered the
opportunity to work, but shall not be required to work. If he
or she chooses to work, he or she shall be paid for it.
Rule 117
An untried prisoner shall be allowed to procure at his or
her own expense or at the expense of a third party such
books, newspapers, 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 118
An untried prisoner shall be allowed to be visited and
treated by his or her own doctor or dentist if there are
reasonable grounds for the application and he or she is able
to pay any expenses incurred.

Rule 119
1. Every untried prisoner has the right to be promptly
informed about the reasons for his or her detention
and about any charges against him or her.
2. If an untried prisoner does not have a legal adviser of
his or her own choice, he or she shall be entitled to
have a legal adviser assigned to him or her by a
judicial or other authority in all cases where the
interests of justice so require and without payment by
the untried prisoner if he or she does not have
sufficient means to pay. Denial of access to a legal
adviser shall be subject to independent review without
delay.
Rule 120
1. The entitlements and modalities governing the access
of an untried prisoner to his or her legal adviser or
legal aid provider for the purpose of his or her defence
shall be governed by the same principles as outlined in
rule 61.
2. An untried prisoner shall, upon request, be provided
with writing material for the preparation of documents
related to his or her defence, including confidential
instructions for his or her legal adviser or legal aid
provider.

D.Civil prisoners
Rule 121
In countries where the law permits imprisonment for
debt, or by order of a court under any other non-criminal
process, persons so imprisoned shall not be subjected to any
greater restriction or severity than is necessary to ensure
safe custody and good order. Their treatment shall be not
less favourable than that of untried prisoners, with the
reservation, however, that they may possibly be required to
work.

E. Persons arrested or detained without charge


Rule 122
Without prejudice to the provisions of article 9 of the
International Covenant on Civil and Political Rights, 29 persons
arrested or imprisoned without charge shall be accorded the
same protection as that accorded under part I and part II,
section C, of these rules. Relevant provisions of part II,
section A, of these rules shall likewise be applicable where
their application may be conducive to the benefit of this
special group of persons in custody, provided that no
measures shall be taken implying that re-education or
rehabilitation is in any way appropriate to persons not
convicted of any criminal offence.

Due to the various complications that prevents the full


implementation of the Standard Minimum Rules for the treatment
of Prisoners; it was believed that the formulation of the basic
principles underlying the Standard Minimum Rules for the
treatment of prisoners will ease its full implementation. The
outcome was the Basic Principles for the treatment of Prisoners
which was extracted from the Standard Minimum Rules for the
treatment of Prisoners.

The principles set out in the Basic

Principles for the treatment of Prisoners is as follows:


1. All prisoners shall be treated with the respect due to
their inherent dignity and value as human beings.
2. There shall be no discrimination on the grounds of race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
3. It is, however, desirable to respect the religious beliefs
and cultural precepts of the group to which prisoners belong,
whenever local conditions so require.
4. The responsibility of prisons for the custody of prisoners
and for the protection of society against crime shall be
discharged in keeping with a State's other social objectives
and its fundamental responsibilities for promoting the wellbeing and development of all members of society.

5. Except for those limitations that are demonstrably


necessitated by the fact of incarceration, all prisoners shall
retain the human rights and fundamental freedoms set out in
the Universal Declaration of Human Rights, and, where the
State concerned is a party, the International Covenant on
Economic, Social and Cultural Rights, and the International
Covenant on Civil and Political Rights and the Optional
Protocol thereto, as well as such other rights as are set out in
other United Nations covenants.
6. All prisoners shall have the right to take part in cultural
activities and education aimed at the full development of the
human personality.
7. Efforts addressed to the abolition of solitary confinement
as a punishment, or to the restriction of its use, should be
undertaken and encouraged.
8.

Conditions

shall

be

created

enabling

prisoners

to

undertake meaningful remunerated employment which will


facilitate their reintegration into the country's labor market
and permit them to contribute to their own financial support
and to that of their families.
9. Prisoners shall have access to the health services
available in the country without discrimination on the
grounds of their legal situation.

10. With the participation and help of the community and


social institutions, and with due regard to the interests of
victims, favourable conditions shall be created for the
reintegration of the ex-prisoner into society under the best
possible conditions.
11. The above Principles shall be applied impartially.
People are spending time behind bars because they are, if
not, believed to have done something that is against the law.
Imprisoning someone is a form of punishment as it curtails one of
the fundamental rights of a person; liberty. While liberty is being
suspended, punishment to prisoners or detainees must not go
beyond that. Thus, persons behind bars do not deserve violence,
humiliation, or any other treatment that are against their rights as
persons, other than liberty of course. According to the study
entitled Human Rights and Respect in Prisons: The Prisoners
Perspective, It is now widely accepted that people sentenced to
imprisonment are in prison as punishment; that the punishment is
loss of liberty and they are not to be further punished by harsh
conditions, humiliation or violence(Naylor, 2014). The mentioned
article by Bronwyn Naylor aims to elucidate in this study the
quality

of

rights,

according

to

domestic

frameworks

and

international human rights schemes, the prisons in Victoria and


Western Australia give in the perspective of detainees and
prisoners.

The rights of prisoners are recognized not only domestically,


depending upon a state, but also internationally. One of which is
International Covenant on Civil and Political Rights (ICCPR) where
Philippines is a signatory. One of the arguments that prisoners are
still entitled to some rights and is subject for the protection of
prisons is the Universal Declaration of Human Rights (UDHR)
which states in its article 1: All human beings are born free and
equal in dignity and rights. Different international conventions laid
down rights of prisoners. Like what is stated in Bronwyn Naylors
article, any grievance regarding human rights that is in concern
with the ICCPR could be heard by the United Nations Human
Rights Committee. International standards in handling prisoners
are not automatically binding to a certain state, but regardless if a
country is a signatory or not, international laws with regard to
human rights are essential as they serve as a reference in
defining what human rights is.
In this study being reviewed, the prisoners are asked with two
general questions which gives the researcher and the subjects a
considerable discussion. The questions are:

1. Turning to rights relevant to your facility, which rights do


you think are most relevant?
2. In your view, when people are deprived of freedom, as in this
facility, what is most important or what matters most to
them, or to you?

Respondents view that the most relevant rights they should


have are rights against inhumane and degrading treatment.
Addressing their rights, prisoners pointed out issues about the
prisons treatment towards them. The grievances of prisoners
include:
1.
2.
3.
4.
5.
6.
7.

Family contact
Negative staff attitudes and treatment towards the prisoners
Health care
Privacy
Overcrowding
Smoking
Food

Naylor categorized these concerns by prisoners into four


categories: prison conditions (overcrowding), maintaining contact
with family and the wider community, provision of health care,
and being treated with respect and fairness.
Overcrowding in prisons has been an issue internationally.
Philippines also faces this issue. According to the data of BJMP,
the detention centers are at 380% overcapacity and some jails
experiences 2000% overcapacity.
As what has been mentioned before, the punishment given to
prisoners and detainees is the curtailment of their liberty and
punishments must not go beyond that. Overcrowding brings so
much complication as to the experiences of prisoners. Such

complications involve poor sleeping conditions, lack of privacy


and personal space, and risk of poor sanitary conditions. Also, due
to overcrowding, the availability of medical centers, gyms, and
phones are being limited. One of the impacts of overcrowding in
prisons also signifies a potential conflict between prisoners.
Overcrowding can lead to tensions between prisoners, for
example when it results in smokers and non-smokers having to
share

cell

(Naylor,

2014).

Due

to

these

implications,

overcrowding degrades the lives of prisoners.


Citing an international law from Naylors study, Article 3 of the
European Convention for the Protection of Human Rights and
Fundamental Freedoms (ECHR), which states that No one shall
be subjected to torture or to inhuman or degrading treatment or
punishment, views overcrowding as against human rights.
Although ECHR is not binding to all states, let it be a reference to
address overcrowding as something against the rights of the
prisoners.
As what has been reiterated before, prisoners and detainees
are deprived of their liberty as a form of punishment and such
punishment must not go beyond that. In Naylors research, one of
the most raised concerns by his subject prisoners is maintaining
contact with family and friends outside prison. There are accounts
that the subjects cant hold or touch their children or partner and
when they try to do so, they will just end up being scolded and

humiliated in front of others. The idea of depriving detainees and


prisoners their liberty is to isolate them away from the society
and then return them when they are ready to become part of the
society but it doesnt mean that they should also be put away
from their family and friends. Maintaining a connection amongst
them is one of the rights of an individual. The relationship a
person in prison has as a child, parent, sibling or partner, and the
continuation

of

that

relationship

despite

the

persons

imprisonment, is recognized as being vital to maintaining a sense


of self in the face of the loss of individuality and autonomy of the
institutional setting. Facilitation by the prison of contact with the
outside community, including family and friends, is also vital to
recognition of the prisoner as a person with ongoing rights and an
ongoing civilian identity (Naylor, 2014).
In Naylors research, subjects raised concerns regarding health
care as it is difficult to gain access due to overcrowding. Mental
care was not given proper attention as there are mentally ill
persons detained inside the prison rather than in mental
institution.

International

substantial

need

for

studies
health

reveal

care.

As

that

prisons

mentioned

have
before,

overcrowded prisons corresponds lack of healthy environment for


prisoners. A prisoners right for health care services is espoused
by many different international documents. Prisoners and nonprisoners must have the same level of attainment for medical
attention according to International Covenant for Economic,

Social, and Culture Rights. For the Basic Principle for the
Treatment of Prisoners, Prisoners shall have access to the health
services available in the country without discrimination on the
grounds of their legal situation. In the Minimum Rules for the
Treatment of Prisoners, the provision with regard to the health
care services a prisoner should receive laid down more specific
requirements such as the availability of qualified medical staff, close
links between prison services and community health provision, and transfer
of sick prisoners to specialized Institutions (Naylor, 2014). Any violation

on these provisions is tantamount to degrading and inhumane


treatment. The Philippines is signatory to all three mentioned
international documents.
Many concerns raised by prisoners had at their origin the
perception that they were not treated with respect, whether it
was in their interpersonal relations with staff, or in the provision
of services. Respect is about recognition of the humanity and
dignity of other people, arguably the fundamental human right
from which all other rights flow(Naylor, 2014). Although it is hard
to perceive maltreatment in prisons because of the coercive
nature of rules inside, most of the respondents of Naylor
complained about maltreatment by prison staff. Prisoners said
that they are often humiliated especially in front of the visitors.
According to Article 1 of the Universal Declaration of Human
Rights, All human beings are born free and equal in dignity and
rights. Sinceprisoners are just only deprived of liberty and are

still enjoying other rights, prisoners are entitled for respect in


dignity as they all are enjoying equal dignity and rights,
regardless of their situation in life.
By viewing the four categories of prisoners grievance
made by Bronwyn Naylor, prisoners perceived maltreatment in all
four aspects. The treatment to prisoners within the prison which
the researcher focused on clearly shows breach of human rights
set out by different international documents according to the
perception of the prisoners.
In an article named United Nations Resolutions, Resolution
in Prison Education, and Resolution on Basic Principles for the
Treatment of Prisoners and Resolution

on

Criminal Justice

Education. It contains three United Nations Resolutions that


highlights the role and practice of prison education.
The three resolutions were adopted in the year 1990: First; the
Economic and Social Council Resolution on Prison Education.
Second; the General Assembly Resolution on basic principles for
the treatment of prisoners.

And lastly; General Assembly

Resolution on criminal justice education.


The first resolution states that everyone has the right to
education and essential for the exercise of all other human rights,
it promotes individual freedom and advocates that member states
promote prison education in the following ways: raising the
educational level of prison personnel; focusing on how to socialize

with other people, literacy, and practice vocational training; and


developing policies that aims to promote human dignity.
The second resolution set outs basic principles for treatment of
prisoners, including the following: (1) all prisoners shall be treated
with the respect due to their inherent dignity and value as human
beings. (2) There shall be no discrimination on the grounds of
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. (3)
Respect religious beliefs and cultural precepts of the group to
which prisoners belong. (4) The responsibility of prisons for the
custody of prisoners and for the protection of society against
crime shall be discharged in keeping with a State's other social
objectives and its fundamental responsibilities for promoting the
well-being and development of all members of society. (5) All
prisoners

shall

retain

the

human

rights

and

fundamental

freedoms. (6) All prisoners shall have the right to take part in
cultural activities and education aimed at the full development of
the human personality. And Prisoners shall have access to the
health services available in the country without discrimination on
the grounds of their legal situation.
The third resolution strengthens the development of criminal
justice education. It advocates the importance of education in
different aspects such as; crime prevention and the connection
between criminal justice and educational agencies.

The article shall give an in depth review on how


International Human Rights Law can be used as an effective
source of rights in correctional conditions, Although the setting of
the article is set out in the United States, our group finds the
article substantial in defending our study as it can possibly relate
on how the United Nations Basic Principle in the Treatment of
Prisoners should be the followed and serve as the standard on
the treatment of Detainee-Prisoners within Makati City Jail.
Over

the

past

three

decades,

the

U.S.

judiciary

especially the Supreme Court has grown increasingly


less receptive to claims by convicted felons as to the
conditions of their confinement while in prison. Courts
have not articulated a return to the hands off policy of
the 1950s; yet, it is clear that it has become significantly
more difficult for prisoners to prevail in constitutional
correctional litigation. Although it did not lead to acrossthe-board

dismissal

of

all

existing

consent

decrees

governing prison conditions, nor has it entirely inhibited


the initiation of new institutional reform litigation, the
passage and aggressive implementation of the Prison
Litigation

Reform

Act

(PLRA)

has

been

powerful

disincentive to such litigation in many areas of prisoners


rights law.[6] From the perspective of the prisoner, the legal
landscape is more hopeful in matters that relate to mental
health care and treatment. Here, in spite of a general trend
toward more stringent applications of standards of proof
and a reluctance to order sweeping, intrusive remedies,
some courts have aggressively protected prisoners rights
to be free from deliberate indifference to serious

medical needs,[7] and to be free from excessive force on


the part of prison officials.[8] A mostly hidden undercurrent
in some prisoners rights litigation has been the effort on
the part of some plaintiffs lawyers to look to international
human rights doctrines as a potential source of rights, an
effort that has met with some modest success. This effort
has also been given some collateral support by the U.S.
Supreme Court in a trilogy of criminal procedure and
criminal law cases[9] has, over vigorous and passionate
dissent[10] endorsed an expansive reading of international
law principles in a domestic constitutional law context. It
receives support also by the inclination of other courts to
turn to international human rights conventionseven in
nations where such conventions have not been ratifiedas
a kind of best practice in the area.
The recent publication and subsequent ratification (though
not, as of yet, by the United States) of the UN Convention
on the Rights of Persons with Disabilities (CRPD)[12]may add
new support to those using international human rights
documents as a basis for litigating prisoners rights claims.
[13]

That

dignity[14]

Convention
and

calls

for

respect

non-discrimination.[15]

for

inherent

Subsequent

articles declare freedom from torture or cruel, inhuman or


degrading treatment or punishment,[16] freedom from
exploitation, violence and abuse,[17] a right to protection
of the integrity of the person,[18] equal recognition
before the law,[19] and, finally, equal access to justice. [20]
To the best of our knowledge, there has, as of yet, been no
scholarly literature on the question of the implications of

the CRPD on the state of prisoners rights law in a U.S.


domestic context.[21]

Hands-Off Doctrine:
The "Hands-Off Doctrine" refers to the historical
trend for United States federal courts to not interfere with
or extend rights to incarcerated people, according to
Michael Goldman in a Boston College article. This policy was
practiced officially from the mid-19th to the mid-20th century.
US Legal describes the "Hands-Off Doctrine" as a practice
or non-interference with prisoners based on the belief that
prisoners did not deserve the rights afforded to other
citizens. Judges of the 1800s maintained that by breaking
laws that led to their incarceration, prisoners had given up
their claim to the protection of the courts.
In his article, "Prisoner Rights," Dr. Thomas O'Connor of the
Institute for Global Security Studies states that the "HandsOff Doctrine" was established in 1866 in the Pervear vs.
Massachusetts case, in which the court denied prisoners
even their Eighth Amendment rights. In 1872, during the
Ruffin vs. Commonwealth case, the court affirmed this
notion by calling prisoners slaves of the state. According to
these precedents, many rights of prisoners were not
upheld, until the 1964 decision of Cooper vs. Pate, which
reinstated the rights of prisoners to take lawsuits to federal
courts.

Although other reforms have occurred that aim to protect


prisoner rights, the Prison Litigation Reform Act of 1996 set
back the progress, according to the Jailhouse Lawyer's
Handbook. The law was put in place to try to bar prisoners
from bringing frivolous lawsuits to court.[22]

Although the doctrine contradicts the scope of our study, we


find it timely as it can give a reference on the different ideologies
Prison Systems used within a certain point in time, specifically in
the United States. Although the doctrine was never been used
here in the Philippines it can serve as a lesson on how Prisons
should interact and relate with their inmates and detainees.
In an article of Barry Goldson and Ursulla Kilkelly named
International Human Rights Standards and Child Imprisonment:
Potentialities and Limitations; they researched on the issue
ofjuvenile imprisonment and concerning international human
rights standards, applying it in a global scale. It explores three
documents in international law and its roles in propagating the
basic of rights of child prisoners; namely: the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice
(or the Beijing Rules), the United Nations Guidelines on the
Prevention of Delinquency (the Riyadh Guidelines),and the United
Nations Rules for the Protection of Juveniles Deprived of their
Liberty (the Havana Rules) adopted by the United Nations General
Assembly in the year 1985 and 1990, respectively(Goldson, B., &
Kilkelly, U., 2013). The study undertakes a comprehensive study
of the realities of child imprisonment in places such as the United
States, Australia and various European countries as it gives an in-

depth analysis of these nations willingness and capability to


enforce the provisions of the said documents. Four concerns were
raised; namely: if the rights and dignities of child prisoners are
respected, if the child prisoners are separated from adult
prisoners,
application

the
of

inclusion

of

independent

child-proper
complaints

regimes,
and

and

the

inspection

mechanisms. While recognizing the possibility of international


human rights standards in controlling the problems plaguing child
imprisonment, the authors of the research cited the impracticality
of enforcing such standards and with no guarantee that the rights
of the youth will be respected in prison; the research conclusively
challenged the legitimacy of juvenile imprisonment as a whole
and endorsed its abolition (Goldson, B., & Kilkelly, U., 2013).
In an article named Prison-Based Rehabilitation, made by
Anouk Bosma, et al., the research focuses on determining the risk
factors and level of readiness that may affect the willingness of a
prisoner to participate and engage himself or herself in prisonbased rehabilitation programs. The study was conducted in The
Netherlands in a 6-month period concerning male detainees. The
article emphasizes the importance of readiness of prisoners in
regards to participation in prison-based rehabilitation programs as
a prisoner who is ready is two times more capable to complete
the rehabilitation program in contrast to a prisoner who doesnt
and hence, the study advocates for the enhancement of
treatment readiness among prisoners. Some risk factors such as
drug or alcohol misuse and other few exceptions did not correlate

with treatment participation or treatment completion. (Bosma, A.,


Kunst, M., Reef, J., Dirkzwager, A., & Nieuwbeerta, P., 2016).
In a study of Anne Owers entitled Comparative Experiences
of

Implementing

Human

Rights

in

Closed

Environments:

Monitoring for Rights Protection, she introduced the Health Prison


Model that was adopted by Her Majestys Inspectorate of Prisons
for England and Wales for Prison Inspection and other closed
environments. The Healthy Prisons Model is shaped by four
pillars in which this pillars are significant to the human rights of
the prisoners and detainees. These pillars are the following: (1)
prisoners or detainees, even the most vulnerable, are safe; (2)
they are treated with respect for their human dignity, whatever
they have done; (3) they are able to engage in purposeful
activity; and (4) they are prepared for resettlement back into the
community (Her Majestys Inspectorate, 2012)
Prisoners need to be safe from others and also themselves.
Prisons are not essentially safe environments because they
contain damaged and damaging individuals. Safety and Security
depend not just on locks, bolts and bars. They depend mostly on
what is called dynamic security, which rests on relationships and
intelligence and knowledge that comes from that. (Owers & et al.,
2012)
Under the aspect of respect, prisoners should be shown
respect whatever crime they committed and whatever level of
individuals they are whether they are old, incapacitated or

illiterate. They should not be discriminated and should not feel


unworthy. Respect is one of their fundamental rights that should
be observed in any prison system.
The

main

goal

of

prisons

is

to

encourage

personal

reformation and social rehabilitation of prisoners. In this way


prisoners become law-abiding citizens and may be able to work
when they leave prison. Its a process of molding the prisoners to
become a newly and improved persons. This is the principle that
underlies on pillars 3 and 4 which are purposive activity and
resettlement.
Prison facilities need to arrange a quality purposeful activity
whether it be work, education, sports, arts, and various trainings
in which prisoners must take part in order to develop essential
and soft skills that can motivate prisoners to change.
Prisons need purposeful activities so that those who will
leave prisons will be mobilized with essential skills that can help
them

in

their

resettlement

in

the

society.

It

can

bring

opportunities in work, education and also better relationship with


family. Too often, the sudden transition from a closed environment to the
realities of the outside world is poorly managed. This involves close
cooperation between the inside world of prisons and the outside world to
where the prisoners will return. It has to engage both statutory organizations
and voluntary agencies that can provide the services, support and advice to
prisoners who are leaving the prisons. (Owers, 2012)

In an article entitled Prison Inspection and the Protection of


Prisoners Rights, made by Anne Owers, tackles the juridical
protection of Prisoners rights and it has been an important
vehicle for providing individual redress and promoting systematic
change. The European convention on human rights was the only
way to test the domestic law against a human rights framework.
The European Convention on Human Rights or ECHR resulted in
some significant changes in relation to the privacy of prisoners
correspondence, the need for proper investigation of deaths in
custody, the oversight of segregation and other punishments and
most importantly, prisoners right to vote.

This system relies

upon three sets of bodies namely: The Prisoners Inspectorate,


The Prisons and Probation Ombudsman and the system of
Independent Monitoring Boards. It deals mainly with the Individual
Prisoners complaints, investigates such deaths, probation of
hostels and publishes reports with recommendations for changes
in practice and policy, proper monitoring in all the parts of the
prison, the treatment and conditions of a detained person and
inspecting all places of immigration detention. The research
underlines the important role of inspection in preventing rather
than prosecuting, torture and mistreatment.
All prisons have Independent Monitoring Boards (IMBs). They are groups of
volunteer local citizens, who are appointed by the Justice Secretary to
monitor a particular prison. They have a statutory right of entry to the
prison, can receive requests and complaints from individual prisoners, and
have particular duties in relation to prisoners held in segregation. Boards
carry out regular monitoring visits to all parts of the prison, usually meet

regularly with the prison Governor, and publish an annual report of their
activities and their assessment of the prison. The Prisons Inspectorate,
acting under the powers of the Chief Inspector of Prisons, is a key
component of the protection of prisoners rights. More recently, the Prisons
Inspectorate was given statutory responsibility for inspecting all places of
immigration detention. (Owers, 2010)
Adopted by Her Majestys Inspectorate of Prisons for England and Wales for
Prison Inspection, the extensions of powers and responsibility are in part due
to the requirements of one of the most recent international instruments for
the protection of prisoners rights. In 2005, the UK was one of the first states
to ratify the Optional Protocol to the UN Convention against Torture or
Inhuman and Degrading Treatment or Punishment or (Opcat). This Protocol is
designed to provide effective protection at a national level for all those held
in any form of detention. It requires states parties to have in place what is
called a national preventive mechanism (NPM): a body with the power and
the right to carry out regular inspection visits to all places of detention and
to report on the treatment and conditions of detained persons.(Owers,
2010)

It is extremely important development that ensures regular


inspection of all places of detention, small or big, and it also
underline the important role of inspection in preventing, rather
that chronicling or prosecuting. It has been the key to the work of
Prisons Inspectorate.
During the inspection itself, a core inspection team of a team leader and
four inspectors spends long days in the prison, examining every aspect of
prison life from reception to resettlement, segregation to activities. The
inspectors have their own keys to every part of the establishment and are
able to go about unaccompanied by prison staff. They carry out confidential

meetings with prisoners, in groups and individually, and with staff and
managers; and pore over all of the prisons records. They are assisted by
specialist

healthcare

and

substance-use

inspectors,

and

team

of

colleagues from the education inspectorates will examine education and


training, using the same standards as they would if they were inspecting a
school or college in the community. Inspectors make judgments according to
the Inspectorates own published criteria, called Expectations. (Owers,
2010)
They are not the same as the standards that the Prison Service sets itself,
or the contracts that are negotiated with private sector providers. They
derive from, and are referenced against, international human rights
standards. They look for outcomes, not processes, and best practice, rather
than minimum auditable standards. They set out, in considerable detail,
what a well run prison should provide. Sometimes, they will demand
something which an overcrowded prison system cannot deliver. (Owers,
2010)

Inspectors make judgments about the health of the prison, using


four tests: whether prisoners are held in safety, whether
they are treated with respect for their human dignity,
whether they are able to engage in purposeful activity,
and whether they are prepared for resettlement back into
the community.
Inspectors assess whether each prison is performing well, reasonably well,
not sufficiently well, or poorly, under each of those tests. Then they make
recommendations for improvement: sometimes over a hundred of them,
ranging from relatively minor details, such as clothing, to major and
fundamental issues, such as suicide prevention or the protection of
segregated prisoners. Following the inspection, the prison must draw up an

action plan, stating whether or not each recommendation is accepted, and, if


so, when and how it will be implemented. (Owers, 2010)
It is important, therefore, that the Inspectorate understands the workings of
prisons, and the pressures on those who work in them. Half of the inspectors
are drawn from a prison background, the other half bring a variety of skills
and experiencee.g., social work, probation, psychology, civil service, and
healthcare or drug treatment work. (Owers, 2010)

Protecting prisoners rights requires a multi-layered approach,


and any mechanisms for doing so need to be effective within the
political, social and legal cultures of each jurisdiction.

Chapter III
Methodology
The primary purpose of this chapter is to provide a concrete
layout on how the research should be conducted.

Methods

necessary in the research such as its design, and its procedures

will be tackled in order to provide notable information and give a


stable flow to the study.
Research Design
The research will concentrate on the Makati City Jails
compliance on the Basic Principles for the Treatment of Prisoners
and for this sake; the researchers will utilize the Qualitative
Descriptive Method.
TheQualitative Descriptive Methodrefers to the
strategy, the plan and action, the process or design lying behind
the choice and use of a particular method or structure, involving
approaches such as ethnography, grounded theory, case study,
phenomenology and biography.

Its purpose is to use special

strategies in order to strengthen the credibility of design and


analyses, describing and understanding the phenomena from the
participants point of view, discovering techniques, organize the
findings in order to fit them with explanations and understanding
the emphasis of the subject. There are 5 research designs under
the Qualitative Descriptive Method which would be discussed
below.
Ethnography
A type of multi-method qualitative research entails the
extended framework, provides a detailed description, and the
essence of peoples everyday life experiences. Participating,
observing the daily activities and behavior of the people is carried

out. This method typically developed through several sources like


interviews, documents, newspapers and articles or artifacts.
Grounded Theory
Grounded Theory is a research approach in which the
theory is developed from the data itself, rather than the other
way around. According to Creswell (2009), grounded theory is a
qualitative strategy of inquiry in which the researcher derives a
general,

abstract theory of process,

action,

or

interaction

grounded in the views of participants in a study. It investigates


the actualities in the real world and analyses the data with no
preconceived ideas or hypothesis. The goal of grounded theory
approach is to generate a theory that explains how an aspect of
the social world works and to develop a theory that emerges
from and id therefore connected to the very reality that the theory
is developed to explain.
Case Study
This study is based on in-depth investigation of an
individual, group or event to explore or examine causation in
order to find underlying principles. This research excels at
bringing an individual in understanding a complex issue or object.
It may also involve such as documents, interviews, direct
observation, participant-observation, artifacts. Case studies, in
their true essence, explore and investigate todays real life
phenomenon through detailed contextual analysis of a limited
figure of events, conditions and their common relationships.

Phenomenology
Phenomenology is a kind of research methodology
focusing on the lived experience of individuals. Attempts to locate
universal nature of an experience, identifies shared experience
among various individuals undergo shared phenomena. What was
experience and how an individual experienced it. Data are
collected through a variety of means: observation, interviews,
focus groups, diaries, videotape, and written descriptions. This
helps the researcher to reflect upon his or her own perceptions
about the data that is affecting the world of the participant(s).
Biography
Biography research or life history research is an approach
derives or investigates a persons biography or life history. This
research consists of an extended, written or narrative account of
a persons life. It covers a range of disciplines, the collection and
interpretation of personal or human documents.

How an

individual influence another individual and the key issues of


analysis and method in the study of lives.
Procedure of the Study
The researchers will use four (4) specific stepsin order to
give the research a cohesive structure and fulfil its primary
purposenamely:
1. Identification of the Research Problem

The researchers have identified the focus of the study which


is to assess the Makati City Jails compliance on the United
NationsBasic Principles for the Treatment of Prisoners.
2. Gathering of Related Literature and Studies
The researchers have explored numerous related literatures,
such as documents, articles and other studies that tackles a wide
range of topics such as in regards to human rights, the rights of
prisoners and current events that may shed a light on the present
situation of prisoner rights and the role of the Makati City Jail in
observing these rights.
3. Identification of Respondents and Research Locale
The research will be conducted mainly within the grounds of
the Makati City Jail. The respondents will be selected detaineeprisoners of the jail itself and these respondents will vary on their
length of detention, religion, age and gravity of offense.
4. Construction of Research Data Gathering Instruments
The researchers will conduct an interview with selected
detainee-prisoners of the Makati City Jail in order to determine if
the provisions stated in the Basic Principles for the Treatment of
Prisonersis abided by the jail. The interview will be conducted in
Filipino in order for the respondents to be able to understand the
questions being asked and properly express their thoughts on the
matter.

Research Locale
The research will be held at the premises of the Makati City
Jail, located at Makati City, Philippines. The primary factory
considered in selecting Makati City Jail as the research locale
includes the researchers dedication to the study in which is
rooted from the belief that the Basic Principles may provide an
answer to the recent strife the prison has endured. In addition,
the jail is easily accessible in which the researchers are
guaranteed to be able to enter the jail premises in order to
conduct interviews with the detainees in regards to their rights.

Research Data Gathering Instruments and Techniques to


be used
In order to ascertainthe Makati City Jails adherence to the
United Nations Basic Principles for the Treatment of Prisoners, the
researchers will have to gather ample information that is
necessary

to

determine

such

compliance.

One

research

instrument/technique that the researchers have determined to


have a key role in gathering information and will be subsequently
used is Interview; the researchers will conduct an interview to its
respondents, which is the selected detainee-prisoners of Makati
City Jail in order to provide a concrete answer whether or not the
Makati City Jail is following the standards set by the Basic
Principles.

Interview involves asking questions and getting answers


from participants in a study (Cohen D, Crabtree B, 2006).
According toCarter McNamara, there are three (3) main ideas on
why interview is useful, particularly; (1) it can be used for getting
the story behind a participant's experiences, (2) the interviewer
can pursue in-depth information around a topic and lastly,
interviews

can

be

useful

as

follow-up

to

certain

respondents(McNamara C, 1999) . Carter McNamara has also


identified four (4) types of interview, specifically:
Informal,

conversational

interview-

There

are

no

predetermined questions in order not to restrict the respondents


preferences. The interviewer goes along with the respondents
stories. (McNamara C, 1999).
General interview guide approach - This approach is intended
to ensure that the same general areas of information are collected
from each respondent; this provides more focus than the
conversational approach, but still allows a degree of freedom and
adaptability

in

getting

information

from

the

respondent

(McNamara C, 1999).
Standardized, open-ended interview - The respondents are
free to choose on how they would answer the questions being
asked (McNamara C, 1999).
Closed, fixed-response interview All of the respondents are
asked with the same questions and are restricted in choosing
answers from a same set of alternatives. (McNamara C, 1999).

In

this

particular

study,

the

general

interview

guide

approachwill be used in order to determine the current situation


of the Makati City Jail through a detainees perspective as they
are the ones who are subjects to such system and thus, hereby
forming a concrete answer if the Makati City Jail is successfully
adhering to the Basic Principles through the testaments of the
detainee prisoners.