DRAFT SADC REGIONAL GUIDELINES ON THE MANAGEMENT OF

INMATES WITH SPECIAL NEEDS

ii
Contents
i. List of acronyms..................................................................................................................................v
ii. Definition of key terms...................................................................................................................vi
iii. Preface............................................................................................................................................vii
1. Introduction......................................................................................................................................1
2. Background........................................................................................................................................1
3. Setting the context............................................................................................................................2
4. Overview and Objective.....................................................................................................................3
5. Methodology.....................................................................................................................................4
5.1 Legal and Regulatory Framework................................................................................................4
6. Holistic system approach...................................................................................................................5
7. Cross-cutting issues...........................................................................................................................7
7.1 Policies, laws, and legislations.....................................................................................................7
7.2 Health..........................................................................................................................................7
7.3 Legal assistance...........................................................................................................................8
7.4 Training/Education......................................................................................................................8
7.5 Rehabilitation and reintegration..................................................................................................8
7.6 Human rights...............................................................................................................................9
7.7 Early release................................................................................................................................9
7.8 Segregating of the inmates........................................................................................................10
7.9 Resource mobilisation...............................................................................................................10
7.10 Sharing of information and lessons learned............................................................................10
8. Emerging categories of offenders....................................................................................................11
8.1 Assessment and Classification...................................................................................................12
8.2 Rehabilitation and reintegration................................................................................................12
9. Categories of Special Needs Inmate Groups....................................................................................13
9.1 Female offenders.......................................................................................................................13
9.2 Juvenile offenders......................................................................................................................15
9.3 Inmates with mental health care needs....................................................................................18
9.4 Inmates living with disabilities...................................................................................................20
9.5 Elderly/pensioner inmates.........................................................................................................22
9.6 Foreign offenders.......................................................................................................................25
9.7 Inmates with terminal illness.....................................................................................................29
9.8 Religious and Ethnic minorities..................................................................................................30
9.9 Lifers/Long sentence inmates....................................................................................................32

iii
 9.10 Inmates under sentence of death............................................................................................33
10. Conclusion.....................................................................................................................................35

iv
i. List of acronyms
AS Alternative Sentence
AR Early Release
CPSC Correction/Prisons Sub Committee
CPP Corrections/Prison/Penitentiary
CSOs Civil Society Organizations
LGBTIQA+ Lesbian, gay, bisexual, transgender and intersex persons lesbian, gay,
bisexual, transgender, intersex, queer/questioning, asexual
Lifer Life Sentence Prisoners
MCO Ministerial Committee of the Organ
SADC Southern African Development Community
SAP Strategic Action Plan
STD’s Sexually Transmitted Diseases
PUSOD Prisoners Under Sentence of Death
UN United Nations
UNODC United Nations Office on Drugs and Crime

v
ii. Definition of key terms

Compassionate release is a process by which inmates in criminal justice systems may be

eligible for immediate early release on grounds of particularly extraordinary or compelling
circumstances which could not reasonably have been foreseen by the court at the time of
sentencing.

Corrections. The term ‘corrections’ will be used in reference to correction facility and
correction officer instead of prison or prison officer or warden. A correctional facility refers
to prisons and jails and presents a broader term compared to prison. Secondly, the focus are
increasingly changing from punishment to rehabilitation within the region.

Early release or parole allows an inmate to be released before the end of their prison term.
Early release from prison is sometimes known as parole. Parole is not granted automatically.
Instead, a prisoner must apply or be recommended for release on parole depending on
jurisdictions. Typically, a state parole board considers an individual’s request or
recommendation. The state parole board then decides whether the early release is suitable or
not.

Inmate. The term ‘inmate’ will be used in this Guidelines to refer to anyone who has been
deprived of his/her liberty, instead of prisoner (that normally refers to a person convicted of a
crime) or convict.

Prison hospice is a programme that offer an alternative to compassionate release and provide
both inmate volunteers and psychiatrists with the unique opportunity to care for individuals in
the criminal justice system.

Rehabilitation means to restore to normal life or near capacity through treatment and
training. In addition, it is a crime prevention strategy rooted in the notion that offenders can
change and lead crime-free lives in the community.

Reintegration is the support given to offenders during their re-entry into society following
imprisonment.

Special need inmates are identified as people in prison who are mentally ill, developmental
disability, seriously or chronically ill, physically disabled, have trouble performing daily
living activities, and are a danger to themselves or others in the prison environment.

vi
iii. Preface
The development of the SADC Regional Guideline on the management of Inmates with
Special Needs is key to providing consistency across the SADC Member States, for ensuring
quality management of the special need population within the
Corrections/Correction/Penitentiary institutions in the SADC region. The guideline provides
an overarching framework for Member States and stakeholders on developing detailed/in-
depth national context-specific guidelines and/or programmes.

The overall objective of the SADC Regional Guideline on the management of Inmates with
Special Needs is to strengthen the capacity of correction institutions to address issues related
to special groups in the SADC region correction institutions, and have effective rehabilitation
and reintegration programmes, to reduce recidivism.

The guideline is intended to serve as a framework for the development of national laws,
policies, and procedures guiding the response and needs of inmates with special needs. The
recommendations and proposed interventions in these guidelines are not exhaustive and may
be expanded based on the national context of the Member State.

Furthermore, the special need groups identified in this Guidelines are not all-inclusive and
Member States may expand on the categories as defined in national policies, laws, and
procedures.

vii
1. Introduction

SADC has made a significant stride in the management of the

Corrections/Prisons/Penitentiary (CPP) services. The constitution of all Member States
enshrines the principle of protection and promotion of all citizen rights and full participation
of all citizens in the development of the country including inmates despite their limited
freedom, though there is a limitation on policies, laws, and procedures that are specifically
tailored to the special needs correction population.

The mandate of CPP services is rehabilitation and reintegration of all inmates. However,
responding to the needs of inmates with special needs requires special programming and
unique interventions. Research shows that due to confined environments, inmates are
generally vulnerable and prone to abuse, and therefore inmates with special needs are more at
risk for violations of their human rights.

Special needs offenders face discrimination and require specific attention while incarcerated
because they are vulnerable due to their birth, age, disability, health condition, sex, sexual
orientation, race, and nationality, amongst others.

The Guideline connects to the aspiration of the SADC Vision 2050 1 and RISDP 2020-2030
the sovereignty of all Member States, peace, security, human rights, and the rule of law. 2 The
Guideline continues to be guided by the principle enunciated in Article 4 (c) of the SADC
Treaty, human rights protection, and the rule of law.

2. Background
The Ministerial Committee of the Organ (MCO) approved the Corrections/Prisons/
Penitentiary Services Strategic Plan (2021 – 2025) in June 2021, which serves as a blueprint
for the regional response on CPP management and governance, as outlined by the following
ten (10) thematic areas:
1) Material conditions of imprisonment and basic human needs
2) Prison safety and security
3) Rehabilitation and social reintegration of prisoners
4) Special needs within the prison population
5) Health services in prisons
6) Integrity, accountability, and safeguards for prisoners
7) The recruitment, training, and well-being of prison officers
8) Communicating prison challenges to external stakeholders
9) Women’s network of prison officers in SADC
10) Implementation of regional / international Protocols and Instruments

1
SADC Vision 2050
2
Regional Indicative Strategic Development Plan 2020-2030

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The Strategic Plan is aligned to international prison management and the treatment of
prisoner’s standards, including the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules), complemented by the United Nations
Rules on the Treatment of Women Prisoners and Non-Custodial Measures for Women
Offenders (the Bangkok Rules).

To implement thematic Area 4 on special needs within the prison population of the Strategic
Plan, the Secretariat convened a virtual regional consultative meeting on 9 March 2022 aimed
at conducting a regional environmental scan.

The engagements with Member States a revealed that special prison populations are not
uniformly defined by Member States and that Member States do not have adequate policies
and procedures that are governing special needs populations. As a result, issues pertaining to
human rights of special needs population groups are compromised which resulted in the
CPSC of 2022 to direct the Secretariat to develop a Regional Guideline on the management
of Prisoners with Special Needs. and report progress at the next meeting of the CPSC in
2023.

3. Setting the context

The Guideline will recognize that Member States’ systems in responding to inmates with
special needs vary in name, approach, and interventions according to country-specific
context. When referring to inmates/offenders, it is often thought that this group is
homogeneous with similar needs that require a one-size-fits-all response. However,
prisons/offenders are a diverse group, coming from different socio-economic, health,
religious, and political backgrounds and have different needs while serving their sentence in
prisons/correctional facilities.

Although all inmates are vulnerable to a certain degree due to general poor conditions that are
harmful to the physical, mental health and well-being of inmates, overcrowding, violence,
poor physical conditions, inadequate activities, and health care, it is important to note that
some inmates are more vulnerable than others.

In many cases, inmates may belong to more than one group of special needs categories, and
this translates into a multiplicity of needs and increases vulnerability resulting in the need to
develop programmes that address this complexity.

The Nelson Mandela Rules state that the principle of non-discrimination should be put into
practice and that prison administrations should take account of the individual needs of
inmates. Measures to protect and promote the rights of inmates with special needs are
required and shall not be regarded as discriminatory.

2
It is imperative to operate on the premise of recognizing that correction work is complex and
requires a variety of skills and experience. Training is important so that correction staff are
equipped with the right attitude and knowledge to perform their duties well and from an
informed position, and respect for the rights and dignity of inmatesdetainees. Training is thus
part of developing and maintaining a skilled and committed correction staff workforce. It is
advisable that correct training addressing special needs population challenges is included in
the initial training on recruitment and this should continue throughout the career of officers.
This will ensure effective and efficient service delivery and individual professional
development throughout the career.

Officers that are assigned to sections dealing with the handling of special needs populations,
should be mandatory to receive need-specific training to prepare them for the new
assignment. The training programme should provide the staff with an understanding of the
principles of what their role involves and the operational and technical knowledge and skills
to perform their work.

There is also a need for Corrections to work closely with other Ministries/Departments
outside the prison setting to address the needs of special population groups. This include, but
is not limited to health, social welfare, religious and faith-based organisations, as well as
other non-governmental and CSO organisations.

4. Overview and Objective

The overall objective of the Regional Guideline on the management of Inmates with Special
Needs will serve as a blueprint to provide guidance to the Member States in developing and
implementing programmes for inmates with special needs and will enhance the capacities of
Member States’ special needs offender’s programmes and relevant stakeholders to improve
special needs processes in accordance with international and regional instruments.

The development of the Regional Guideline is aimed at streamlining the effectiveness and
compliance with international standards of the correctional, prisons, and penitentiary systems.
The guideline will provide systematic and pragmatic guidance on what steps to follow in the
management of inmates with special needs.

This guideline will provide definitions and a proposed intervention for the management and
handling of inmates with special needs by promoting and supporting Member States’ efforts
to improve effective and efficient service delivery to inmates with special needs. The
guideline will further be developed to ensure adherence to international instruments and serve
as an anchoring guideline to the Member States.

The Draft SADC Guidelines on Inmate population with special needs provide the Member
States with:
i) Common definition on special need categories, aligned to international
instruments;
3
 ii) Common challenges experienced by the special group and proposed interventions;
and
iii) Strategic and operational objectives for the management of special needs
populations within correction settings

5. Methodology
The Guidelines was developed by the SADC Secretariat with extensive inputs from Member
States and UNODC as a technical partner.

Following the consultative meeting held in March 2022, in which the main objective was to
conduct an environmental scan and map the way towards the development of the Draft
Regional Guidelines, a desktop study was done of international, regional, sub-regional and
national levels to enable a comprehensive understanding on the categories and management
of inmates with special needs.

This was followed by a consultative meeting held in December 2022, with stakeholders in
Corrections/Prisons/Penitentiary management taking best practices from international best
practices. Inputs and comments were received which further refined the Guidelines.

5.1 Legal and Regulatory Framework

The legal and regulatory framework will describe the necessary legal basis for the
governance of corrections with special needs populations.

SADC Member States are party to various regional and international legal instruments and
agreements. These agreements require country-level commitments that can be fostered
through a cooperative regional approach. SADC Secretariat provides a platform for
coordinating a regional approach to address global issues, such as the human rights violation
which includes ensuring that fundamental human rights of inmates are protected. The
following are some of the key instruments that guided the development of the SADC Region
Guideline for Special Needs inmates:

International Level
1. International Convention on the Rights of Persons with Disabilities, 2007
2. United Nations Principles for Older Persons, 1991
3. The Universal Declaration of Human Rights, 1948
4. UN Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment
of Human Beings, 1984
5. The UN Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment, 1988.
6. United Nations Rules for the Treatment of Women Prisoners and Non-custodial.
Measures for Women Offenders (The Bangkok Rules).

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 7. United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo
Rules), 1990
8. The United Nations Standard Minimum Rules for the Treatment of Offenders (The
Mandela Rules), 2015
9. The UN Basic Principles for the Treatment of Prisoners, 1990
10. The UN Standard Minimum Rules for the Administration of Juvenile Justice, 1985

Regional level
1. Kampala Declaration on Prison Conditions in Africa, 1996
2. Ouagadougou Declaration on Accelerating Penal and Prison Reform in Africa, 2002
3. Kadoma Declaration on Community Service Orders in Africa, 1997;
4. The African Charter on the Rights and Welfare of the Child-ACRWC

Sub-Regional Level
1. Corrections/Prisons/Penitentiary Services Strategic Action Plan (2021-2025)
2. Protocol on Interstate Transfer of Sentenced Offenders
3. SADC Corrections/Prisons Basic Training Manual

6. Holistic system approach

The effective and efficient management of the correction system depends on cooperation and
coordination with other stakeholders. No single system has ever succeeded by operating in
silos. Multidimensional diagnostic approaches are needed for a holistic understanding of an
inmate’s needs and potential.

For offenders to successfully transition back into society, interoperability between other
sectors is fundamental, and systems between health, social workers, courts, police and civil
society organisations (CSOs), the family, and the community should be interlinked for better
results in the rehabilitation and reintegration programmes. The more stakeholders are
involved in rehabilitation and integration programmes, the smoother the reintegration process
will be for offender. Stakeholders can be internal such as other line departments and units and
external such as other Ministries, welfare organisations, CSOs, and international
communities.

Collaboration and collective action, with stakeholders and can harness rehabilitation and
integration programmes. Each stakeholder that is relevant to correction service programmes
plays a critical role according to their respective profiles including, education, vocational
training, health, youth, tertiary institutions, civil society organisations (CSOs), police, justice,
the community, media, and international institutions. Engaging stakeholders through
education and communication to gain support is paramount to implementing and sustaining
correction institutions.

Depending on specific circumstances, the following stakeholders may be considered with

their specific role defined per individual rehabilitation and reintegration program:
5
 Stakeholder Role
Ministry of Health Assistance in delivering of specific health
care services to special categories of
offenders.
Ministry of Education Assistance to ensure that Educational and
Training Services rendered are equivalent to
national standards.
Ministry of Youth To ensure that youth inside correctional
facilities receive the same services as youth
in the community.
Ministry of Labour To create/market employment opportunities
for former inmates.
Police Ensure sensitivity for offenders with special
needs as and when arrested.
The Judiciary To be aware of – and take the special needs
of offenders into consideration during
sentencing.
Civil Society Organisations Provide special assistance/services to
offenders during and after incarceration e.g.
some may have the need for occupational
therapy.
Media Campaigning for the community to accept
offenders with special needs back in the
community upon their release and provide
them with assistance towards positive re-
integration.
The Community Motivated to accept the offenders with
special needs back into the community
Religious and faith-based organisations Provide assistance to offenders and their
families to ensure successful re-integration.

This Guidelines adopt the micro-macro continuum in the prevention of crime and treatment
of offenders (clients). It links micro, or individual therapy approaches, to macro- or systems
approaches that enable multi-level and multi-system intervention.

Member States are encouraged to promote the inclusive participation of other government
departments and other role-players with the Department of Corrections/Prisons to serve a
coordination role.

Encouraging Member States to develop client-specific intervention efforts will address the
diversity of needs the client may present. This approach will equally facilitate individual-
specific rehabilitation and reintegration programmes.

6
While the initial focus of interventions may be on the offender (client), successful
rehabilitation and reintegration require the involvement of the family and even the broader
community. Specific attention should be placed on the importance the family and the broader
community plays in the commission of criminal activities. These circumstances will have a
direct impact on the offender’s rehabilitation and reintegration success upon release.

7. Cross-cutting issues
The following issues are applicable to all the special needs categories. It is important to note
that within special needs categories, there are multiple needs that cut across each special need
category inmate. These needs should be addressed holistically/applicable to all of them. there
are needs/services/interventions that cut across all of the categories that will be discussed
within this guideline. Every special need inmate has multiple needs.

7.1 Policies, laws, and legislations

It is paramount for Member States to develop policies/guidelines and procedures for all
special needs categories of special needs population in corrections for their effective and
efficient management.

7.2 Health
It is recommended that health care including gender-and age specific healthcare that is
available in the community should also be provided in correctional facilities. Furthermore,
Prison Health Policies, should be aligned and compatible with national health policies.
Therefore, any upon admission, a medical check-up should be performed on each offender
upon admission into the correctional facility. The screening procedure should be carried out
by trained medical professionals and involve an assessment to identify mental and general
health status. To lessen the likelihood that current mental health issues will worsen into more
severe psychological and emotional distress, it is essential to diagnose any mental ill-health
early and to provide prompt, effective treatment.

In order to identify offenders who may be at danger of taking such actions and to make sure
they receive the right counselling and protection; the possibility of suicide or self-harm
should be a crucial factor when conducting a health screening upon admission into a
correction facility.

Due to possible abuse, prejudice, and isolation based on one's race, ethnicity, or country of
origin, terminal disease, advanced age, or facing the death penalty, all of the groups covered
by these guidelines run the risk of needing mental health care in prisons and correctional
facilities.

In addition to general and mental health screening, Member States are encouraged to make
provision for immune-compromised health challenges. Correction facilities may be seen as an
opportunity to capture, detect retroviral infections among newly admitted inmates, given that

7
most of the time they led precarious lives prior to incarceration and may have become
infected.
 Screening at admission should, on a voluntary basis, include testing for HIV, HEPC
and SITs.
 Individuals should receive the results in a confidential setting, followed by
counselling on receiving their results.
 Inmates with previous history of HIV should continue to receive treatment while in
correction facilities.
 New cases should be immediately referred to a specialist for further pathological
investigations and to devise treatment plans (ARVs , Hep C Treatment and STIs).
 Regular follow up visits to the clinic should be provided.
 It is recommended to monitor CD4 cell counts level on 3-month intervals, and viral
load tests every 6 months.
 There should be a harmonised programme between the public health system (under
the Ministry of Health and specialised HIV/Aids Unit) to enable sharing of
confidential medical information on detainees to ensure continuation of care.
 Follow-up strategies need to be in place as part of a hand over approach to allow the
patient to handed over to the public health system.
 It is advised that inmates upon release should be provided with medication (ARVs)
for at least 2-weeks as health care may not be their primary concern after release.

7.3 Legal assistance

Member States should ensure that all inmates are accorded the right to access legal aid when
the need arises during the inmate incarceration.

7.4 Training/Education
International consensus has shifted from punitive approaches to rehabilitative-based
correction facilities, with their methods having better overall outcomes for people detained
and released from correction facilities. Recognising the critical role correction staff play in
rehabilitation, a general trend is developing towards aligning correction officers’ roles with
rehabilitative principles and shaping roles or specifically designating staff as rehabilitation
officers. However, the role of correction staff in rehabilitation is not matched by
corresponding levels of training, support or acknowledgement of the increased demand in
terms of staff time, skills, and competencies.

Investment in supporting correction staff through training, support or even acknowledgement

of the increased demand in terms of staff time, skills, and competencies will decrease work-
related stress and a corresponding deterioration in the quality of services being delivered.

Emphasising that all inmates shall have equal access to education and vocational training, in
accordance and guided by relevant national education and training laws and policies.
However, correction authorities should ensure continuous capacity building for correction

8
officers assigned to special needs units to acquire necessary skills and expertise in order to
provide high quality context specific services. Regular trainings are needed so that skills and
knowledge are consistently enhanced. Sector-specific trainings should be supplemented by
multi-sector trainings to improve coordination and collaboration amongst the different
essential service sectors.

7.5 Rehabilitation and reintegration

As presented in the previous heading and as witnessed in SADC Member States, there have
been a shift from a punitive to a rehabilitation approach. Apart from detaining offenders in a
decent and safe environment, the aim of rehabilitative services and programmes are to
prepare offenders for their eventual release by helping them to address their criminogenic
issues, develop a socially acceptable behaviour, strengthen their confidence to cope with
difficulties upon release, and enhance their potential for securing decent employment. These
are done through programme services, psychological services, education, vocational training,
and supervision services.

Differentiation should be made between life skills and therapeutic programmes. Upon
assessment of the offender a Correctional Sentence Plan, crafting the rehabilitation path for
the individual offender, is compiled. The Correctional Sentence Plan will guide the specific
Correctional Programmes that are required to be attended by specific offenders. Correctional
Programmes are needs based programmes and aimed at targeting offending behavior,
providing information, and creating awareness. The Correctional Programmes are re-worked
on regular basis to ensure that it stays relevant and in line with the latest trends and
developments in the specific field.

7.6 Human rights

All inmate’s/offenders have the right to be treated with the respect that comes from their
inherent worth and dignity as people. Though being in correction facility limits certain human
rights such, as the right to free movement, access to information, and employment, inmates
may not be discriminated against race, birth, language, sex, religion and right to health.

7.7 Early release

Early release is conditional permanent release of a inmate before the end of their sentence.
Early release or parole will assist institutions with challenges associated with overcrowding
and funding. Hosting inmates with special needs might add a huge budget to the institution
which can be assisted through the process of early release or parole. The process starts with
an application from the inmate to the board responsible for early release or parole; in certain
instances, the correction authority might consider early release or parole on its own discretion
especially when dealing with inmates with severe special needs such as inmates living with
disability, elderly, terminal illness, and those with severe mental and psychological
challenges.

9
Due to financial constraints and budget cuts in many Member States correction institutions,
there is demand for institutions to refocus intervention of rehabilitation and reintegration
which often means accelerating the early release of inmates, although this action is
sometimes receiving resistance from the community.

Below are certain criteria the Boards may consider when granting early release or parole.
- The parole board consider whether the release may pose a safety threat to the
community. The inmate is no longer a threat to society and have a place to go upon
release. Member States are encouraged to develop special needs context specific early
release law, policies, and procedures.
- It is important to recall that offenders must serve a minimum set timeframe before
considered for parole.

7.8 Segregating of the inmates

Separation is a measure applied to help protect the physical and mental integrity of detainees,
to better monitor them individually, and to contribute to their rehabilitation. It also facilitates
proper correction management.

It may be quite challenging for inmates with mental disorders, physical disabilities, the
elderly with dementia to follow correction regulations. Some special needs inmates might act
violently, aggressively, or disruptively, others may simply just refuse to follow basic
directions.

In corrections, disciplinary infractions are punished, frequently in administrative

segregation/isolation facilities but in the case of some special needs inmates, this intervention
becomes irrelevant putting pressure on the administration and management of inmates with
special needs.

Therefore, special needs inmates who disobey the rules are frequently put in segregated units,
which is exceedingly destructive to their mental health and can occasionally result in self-
harm and suicide.

7.9 Resource mobilisation

According to Penal Reform International, penitentiary systems generally receive low levels of
funding that they struggle to meet basic needs such as food, healthcare, clothing and even
shelter in a safe, hygienic environment. These circumstances contribute to challenges in
providing a conducive environment for rehabilitation and reintegration, through specific
activities, programmes, and support. Furthermore, adequate funding is also needed to provide
a conducive environment for rehabilitation and reinsertion, through specific activities,
programme, and support.3

3
Jeanne Hirschberger. ‘Imprisonment is expensive’ – breaking down the costs and impacts globally. Penal
Reform International. 24 July 2020.
10
Resource mobilisation refers to all activities involved in securing new and additional
resources for the institution. It also involves making better use of, and maximising, existing
resources. Corrections resource mobilisation is critical to the facility for the following
reasons:
 Ensures the continuation of the facility’s service provision to inmates.
 Supports organisational sustainability.
 Allows for improvements in the services the organisation provides.

7.10 Sharing of information and lessons learned

Sharing of information and lessons learned will inform policies and programs. In other
words, information provides a better understanding and appreciation of the correction service
dynamics as well as dynamics of the country and also contributes to better understanding and
analysis of trends as well as the underlying causes of crime in order to inform rehabilitation
and reintegration programmes and other appropriate measures.

Accurate data relating to correction systems is essential for law and policymakers and other
stakeholders at all levels in order to identify gaps and develop and implement effective
systems.

However, limited monitoring and evaluation of efforts and limited sharing of information
pose difficulties to develop informed interventions to manage correction/prisons/penitentiary
services effectively and efficiently in the region.

There is an increasing need for SADC to host technical meetings between Member States to
facilitate the sharing of experiences and lessons learned while identifying emerging trends.
These initiatives will strengthen the sharing of information between Member States to
facilitate the development of pro-active counterstrategies.

8. Emerging categories of offenders

Following a series of workshops conducted by SADC in April 2023, Member States
recognised the need to specifically refer to growing challenges with increased gang affiliation
in correction facilities as well as individuals associated with violent extremist ideologies and
terrorism. Offenders associated to these threats require specific attention, and in the absence
of dedicated strategies for correction authorities in screening, categorising, rehabilitation and
reintegration, correction authorities need to be made aware of increasing risks, but also
special needs of these inmates.

1) Gang-related affiliation: The growing manifestation of prison gangs within correction

facilities in SADC Member States requires specific attention. Criminal activities
committed by street gangs will spread into correction facilities after conviction.
Consequently, addressing the conditions contributing to gangs requires a whole-of-
government and a whole-of-society approach.

11
 Within correction facilities, gangs serve a functional purpose, that may include providing
their members with protection and security against other gangs or other forms of out-
groups, power and status depending on the position of the gang within the facility, income
due to smuggling activities, and association (identity).

2) Violent extremism and terrorism: The risks of acts of violence and terrorism in the
name of political, religious, cultural, and social intolerance is not new on the continent.
While some Member States in the past experienced domestic orientated violent extremist
groups, the emergence and spread of transnational violent extremist ideologies and
organisations are cause for concern.

The risk presented by violent extremists’ rest on the ability of often a small minority
within communities to distort and exploit religious beliefs, ethnic differences, and
political ideologies to legitimise their actions, especially the use of violence, as well
as to recruit and further radicalise their followers. Using existing domestic realities
and frustrations, violent extremists have been successful to manipulate individuals
from all walks of life to become involved in its activities: from very well educated to
individuals with very limited education, from professionals to unemployed
individuals, etc.

Within the international framework, the Rome Memorandum on Good Practices for
Rehabilitation and Reintegration of Violent Extremist Offenders (VEOs) provides
guidance on best practices to facilitate the potential rehabilitation of incarcerated
violent extremist offenders.

Conditions in corrections can serve as incubators for gangs and VEO, but it can also enable
disengagement and rehabilitation. Within a correction setting, the risk of radicalisation and
recruitment amongst both non-affiliated inmates to correction officials to both gangs and
violent extremism are a reality that requires dedicated strategies to categorise, manage,
rehabilitate, and reintegrate offenders.

8.1 Assessment and Classification

While assessment on intake and classification is standard to correction/prison facilities within
Member States, assessment and classification specifically focussing on gang-related
affiliation and violent extremism association can be challenging for the following reasons:
 Offenders may not visibly carry the markings (for example tattoos) reflecting gang
affiliation.
 Offenders may not openly profess association and/or conviction of violent extremist
ideologies.

Existing assessment tools to classify violent extremism are often context specific or tailored
towards specific ideological orientations. While learning from assessment tools developed in
12
other jurisdictions (especially in the Northern Hemisphere, with specific reference to Europe,
the United States and Canada) are encouraged, Member States are confronted with unique
country-specific realities that require the development of tailored assessment instruments.

Notwithstanding above warning, assessment instruments attempt to determine:

1) Beliefs and attitudes.
2) Social background, including family, friends, and other social circles.
3) Intention of the individual to promote and/or participate in violence.
4) Skills of the individual that will often correspond with his/her role in the organisation.
5) Reasons or motivating factors why the person got involved in violent extremism.
6) Risk mitigating factors.

8.2 Rehabilitation and reintegration

Importance of adopting a case-by-case approach to scale of intervention proportionate to the

individual, risk of re-offending and his/her background and needs.
Some of the factors determining programming includes:
1) Reasons/motivations for the individual becoming involved in the organisation.
2) Level of commitment to the organisation and its ideology: It is important to establish
this baseline that will be necessary to determine and access the person’s progress once
the program is being implemented.
3) Social networks and support that facilitated the radicalisation process, but also the
type of support the offender will receive from the family and broader community once
rehabilitated and reintegrated back into the community.

Recognising the need for multi-agency involvement and coordination (whole-of-government)

approach when addressing violent extremism, additional emphasis is placed on cooperation
with security agencies, especially in preparation for reintegration and thereafter (monitoring).

9. Categories of Special Needs Inmate Groups

9.1 Female offenders

Women have historically been disadvantaged in most societies and that historical deprivation
is even seen when they are admitted in corrections. The fact that the number of male inmates
has always been higher than that of women, the correction system was mostly designed to
accommodate male and most of the correction systems has resulted in discriminating or
disregarding the gender-specific needs of women. Though the total number of female
offenders remain lower than male offenders in recent years the total number of female
offenders has been increasing.4

4
UNODC Handbook for Prison Managers and Policymakers on Women and Imprisonment.
13
Female inmates are historically imprisoned due to minor offenses and non-violent offenses
and do not pose a risk to the public. Poverty may in some circumstances serve as a
contributing factor for women to be incarcerated, that may call for treatment rather than
incarceration. Domestic violence is another underrated contributing factor to women that are
incarcerated. Therefore, other measures such as non-custodial measures, and community
services should be prioritised.

Challenges faced by female offenders are more complex. Women are more likely than men to
be admitted to correction facilities because of mental disorders, drug, and alcohol addiction,
and frequently because of domestic violence and physical abuse. Women are particularly
affected negatively by being separated from their families and communities when in
incarceration, which results in anxiety, despair, and the emergence of more severe mental
illnesses.5

Rule 26.4 of The Beijing Rules addresses the fact that female offenders normally receive less
attention than their male counterparts, as stated by the 6 th UN Congress on the Prevention of
Crime and Treatment of offenders, which resulted in the call for the fair treatment of female
offenders at every stage of the criminal justice system and for special attention to their
specific problems and needs while in custody.

Specific challenges:
Female offenders face the following challenges:
- accessing justice on an equal basis with men in many countries;
- extreme distress due to imprisonment which may lead to mental health problems or
exacerbate existing mental disabilities;
- gender-specific healthcare needs that cannot be adequately met due to lack of
inadequate nutrition, hygiene, and overcrowding;
- Women carry the post-release stigmatization, victimization, and abandonment by their
families. In some instances, they are divorced on release /upon conviction/serving the
sentence.
- Victimization from sexual or physical abuse.
- High likelihood of having caring responsibilities for their children and family
members
- Insufficient budget to cater for the needs of female inmates.
- Vulnerability intersectionality - The combination of personal, environmental, and
socio-cultural factors leads to the concept of multiple vulnerabilities of some people
deprived of liberty. Such combinations show the intersection between the affected
groups and the importance of having a dynamic and evolving idea of vulnerability.

Key interventions

5
Naidoo, Samantha, et al. "Mental illness and HIV amongst female inmates in Durban, South Africa." South
African Journal of Psychiatry 28 (2022): 1628.
14
 - If a female inmate requests to be examined or treated by a female nurse or physician a
female physician or nurse such be made available unless in case of an emergency and
this should be done in the presence of a female correction officer.
- They should always be consulted in decisions concerning them.
- Establish corrections for women for example, where they are offered a number of
skills training and vocational courses.
- Individual counselling, group therapy and peer education depending on the case.
- GBV support and training to all inmates to capacitate victims and conscientize
offenders.
- Establish programmes that facilitate inmate contact with family and relatives and help
keep or rebuild family ties.
- Lawyers specialised in family law.
- Continue staff training and awareness raising in parallel to law reform on issues
related to female inmates.
- Non-custodial possibilities, recreation facilities, vocational skill training in areas of
interest.
- Life Skills Programmes to be offered to female offenders e.g. agricultural, cooking
and baking, beautification – hair, nails and make – up)
- Provide Treatment Programmes e.g. information on domestic violence, anger and
stress management
- Improve health care and education services for women inmates.

Pregnant female inmates

- Maternal health care for women at all facilities in line with Mandela Rule number 28.
- Pregnant women should be medically monitored, and the correction system should
ensure that she is able to deliver in health care facilities appropriate for maternal and
neonatal care.
- When a female inmate is in labour and is being escorted to hospital the patient should
be accompanied by medical or nursing staff to ensure safety.
- Enact or ensure enforcement of regulations on provision of food for breast feeding
mothers, their infant kids and procedures on how weaned children are handed over to
relatives and or social welfare depending on each case. Welfare support to nursing
mothers by stakeholders.

Circumstantial children
A circumstantial child is a child under the age of 4 years who is born in a correction facility
or brought in by virtue of the mother's incarceration. Circumstantial children have rights
under "Child Welfare" to education, health, and accommodation.
Measures
- To build separate cells where babies with their mothers can be accommodated.
- Babies to go to the nursery school during the day, to ensure their social-psychological
development.

15
 - Placement of babies outside (nursery school/permanent placement) should take place
as soon as possible with the aim to associate with their friends outside the correction
facility.
- Children should be taken to transit homes/orphanages at the age of 5 and with the
concert of the mother.
- Improve health care and education services for the circumstantial children.
- Make provision for the special nutritional and dietary needs of children.

9.2 Juvenile offenders

The term 'Juvenile' refers to any person, who has not attained the age of maturity. In other
words, a young person or a child who is not old enough to be regarded as an adult may be
termed a juvenile. The age limit of a juvenile differs from Member State to Member State, for
the purpose of this Guidelines a juvenile is a child 18 years and below. Other Member States
may include inmates between 19 and 21years of age as young offenders who require special
needs. Juveniles are not as culpable as adults for their actions implying that juveniles should
not be held to the same standards of criminal responsibility as adults, because adolescents’
decision-making capacity is diminished, they are less able to resist coercive influence, and
their character is still undergoing change. The uniqueness of immaturity as a mitigating
condition argues for a commitment to a legal environment under which most youths are dealt
with in a separate justice system and none are eligible for capital punishment.

Member States have various systems in dealing with juveniles that have been in conflict with
the law, be it the formal justice or court system, the welfare system, or an administrative
system, for minor infractions, all of which are options for dealing with children.

Juvenile systems may operate primarily outside of the judicial system or inside the
framework of the adult criminal justice system through committees, commissions, or
administrative panels.

In this context, the guideline refers to the juvenile justice system as the laws, policies,
customary norms, professionals, institutions, and other context-specific systems that are
related to the treatment and management of children in corrections.

Managing juveniles in correction facilities remain a problem. Studies indicate that life skills
education, correctional work programs, diversion services, residential treatment and
community supervision for juveniles, boot camps, intensive supervision, domestic violence
programmes and psychosocial sex offender treatment programmes are not effective
rehabilitative measures and also do not always reduce recidivism.

When juveniles are admitted/committed to correction facilities it is the duty of corrections

staff to care for them in a manner which takes into account their ages, backgrounds, and
special needs.
16
Juveniles are more vulnerable than adults and therefore need to be protected from violence or
abuse by older inmates.

Specific challenges
- Insufficient units for juveniles that result in the poor segregation strategies of juvenile
from adult inmates.
- Insufficient juvenile rehabilitation programmes.
- Inadequate funding by governments on juvenile rehabilitation programmes.
- Case management of juveniles to diagnose and address individual needs.
- Drug abuse by juveniles.
- Inadequate provision for female juvenile facilities (infrastructure).
- Inadequate knowledge by correction officers in juvenile management
- Absence of rehabilitation programming and education curriculum development based
on individual needs.
- Management of juvenile offenders regarding:
 Inspection and complaints
 Disciplinary procedures.

Key interventions
- Nelson Mandela Rules underscores that juvenile should not be imprison in the first
place, however when in correction facilities the following interventions should be
considered.
- When developing policies and procedures on juvenile interventions it is recommended
for the Member States to consult with the respective juvenile group (girls or boys) to
ensure that account is taken of the specific concerns and relevant
recommendations/interventions.
- Separate strategies and policies in accordance with international standards needs to be
designed for the treatment and rehabilitation of juveniles.
- Juvenile inmates shall be kept separate from adults.
- Correction authorities should establish fully equipped juvenile rehabilitation centres
that cater to the knowledge and skills gap for juveniles.
- Establishment of norms concerning the following, taking full account of the
fundamental characteristics, needs and rights of juveniles:
 Establish procedures to facilitate inspection and reporting complaints and
communicate that to everyone in the facility (staff and inmates)
 Disciplinary procedures
 Communication with the inmate’s family or other caregivers to facilitate the
notification of illness, injury, and death.
- Develop robust programmes for the education system in collaboration with the
Ministry of Education, Youth, and Vocational training that include a range of
intervention options to help juveniles learn specific problem-solving skills, social

17
 skills, job skills, emotional intelligence, and demonstrate appropriate self-control and
vocational skills.
- Strengthen collaboration with stakeholders on programmes that ensure the eradication
of drug abuse by the juvenile inmates, during the rehabilitation process in correction
facilities, and during the reintegration stages.
- Establishment of drug rehabilitation centres that cater to all juveniles that are
incarcerated for drug-related offences is highly recommended.
- Design robust approaches that encourage resilience to peer pressure and other
pressures on drug abuse in collaboration with key stakeholders.
- Encourage community participation through community outreach programmes with
the assistance of traditional/community leaders, CSOs, family members, and victim
reconciliation etc. to facilitate the rehabilitation of juvenile offenders to ensure that
they positively benefit from their time in correction facilities for successful
reintegration into society.
- Strengthen opportunities for community services and on-the-job training are on the
increase upon release of the juvenile through designing relevant policies, laws, and
procedures that will ensure placement and monitoring in collaboration with relevant
stakeholders.
- Vetting of officers appointed or employed in working in juvenile centers to ensure
that juveniles are not exposed to abuse.
- Intensify staff training on juvenile rehabilitation programmes and reintegration that
are context specific to ensure efficiency and effectiveness. Establish strong
coordination on the juvenile sentencing with the criminal justice system, including the
Police, Youth Ministry, Courts, and Correctional Services in order to contribute to the
reduction of recidivism and overcrowding.
- Establish or encourage a Criminal Diversion system to help the development of young
offenders.
- Encourage reintegration interventions, that includes home visits, family visits and
family therapy for at risk children.
- Case management system for juveniles to promote and develop proper and useful
rehabilitation programmes.
- Other programmes include enhancement of alternative to sentencing programs for
juveniles by developing models for the community corrections of juveniles.
- Youth deter centre and art and craft programmes.
- Encourage Member States to remove or seal criminal records of juveniles to prevent
the denying of employment, benefits or enrolment based on a criminal record.

Additional interventions for female juveniles

- Female juvenile detainees who are pregnant must be supported and given comparable
medical care to inmates who are adult females. A medical professional should keep an
eye on their health, taking into consideration the possibility that because of their age,
individuals may be more likely to experience health challenges during pregnancy.

18
 - Female juvenile should only be supervised by female officers, and male juveniles
should be supervised by male officers.

9.3 Inmates with mental health care needs

A large number of inmates have mental health challenges 6. Mental health is a state of
successful performance of a mental function, resulting in productive activities, fulfilling
relationships with other people including in corrections as well as the ability to adapt to
change and to cope with challenges. This is essential to personal well-being, interpersonal
relationships, and the ability to contribute to the community or society at large. The opposite
of mental health is a mental disorder that may result in various problems such as pain,
disability, and even death because mental health and physical health are closely related.

Isolation from society, poor conditions in correction facilities, overcrowding, and lack of
safety induce distress, depression, and anxiety in most inmates, which may lead to more
challenging mental health issues.

It has also been noted that people with mental health impairments that have not committed
crimes, as well as those that are mental and not found guilty of crimes, are taken to
corrections facilities. Both these situations violate the fundamental human rights principle of
the UN Standard Minimum Rules for the Treatment of Prisoners.

Mental health legislation developed by Member States regulate procedures to be followed for
mentally disordered or intellectually handicapped persons in the criminal justice system. The
Guidelines call on Member States to ensure that provisions are made for the different
categories of mentally ill patients to specify the procedure of admission into special
institutions or correction psychiatric units. These policies should also include the
management of the different classes of mentally ill and their management such as forensic
inmates vs. sentenced inmates with mental illness hence this section speaks only generally of
mental illness.

Interventions
- At every institution there shall be available services of at least one qualified medical
officer who should have some knowledge of psychiatry in line with section 22(1) of
Mandela Rules (2016). The medical services in line with the Mandela Rules should be
organized in close collaboration with the general health administration of the
community or nation and shall include a psychiatric service for the diagnosis and, in
proper cases, the treatment of states of mental abnormality.
- On admission, the mental patient is assessed by psychiatrist (in the absence of a
psychiatrist on site, the medical officer or the nurse should perform this function) to
determine level of support and kind of programmes required for each patient.

6
UNODC Handbook on Prisoner with Special Needs
19
 - The admission of all newly admitted inmates should include a comprehensive
screening of mental illness by the correction psychiatrist (in the absence of a
psychiatrist on site, the medical officer or the nurse should perform this function) to
identify signs of acute mental states.
- It is further recommended that inmates with acute psychiatric needs be admitted at
psychiatric institutions where different categories of mental patients receive relevant
treatment.
- Correction managements to constitute multidisciplinary teams to address the complex
needs of mentally ill inmates in areas of programming, treatment, discipline, etc.
- Ensure involvement in psychosocial activities such as sports, art, music and drama.
- To ensure that effective case management services, risk and need based rehabilitation
programmes and appropriate therapeutic interventions are encompassed in the
treatment of mentally ill inmates.
- Visits and communication with relatives of inmates, including phone calls and letter
writing and other forms of communication.
- Mental Health Tribunals or any other boards depending on individual statutes of
Member State may order the discharge of any patient who is detained in terms of the
regulations.
- The mental ill inmate on discharge from correction facilities might be escorted home
by specialised officers such as rehabilitation or psychiatrists (depending on each case)
if the service is needed to ensure safety of the patient.
- Correction management and health care programmes should place a strong emphasis
on promoting mental health in corrections.
- It is crucial to develop comprehensive policies and strategies that aim to protect the
mental health of all inmates and guarantee that those who have mental health
challenges have timely access to appropriate and individualized treatment provided on
the basis of informed consent, comparable to that in the community.
- Successful mental health care for mental health conditions depends on the adequate
screening and monitoring of behaviour of inmates throughout an inmate’s
incarceration period.
- To ensure the continuity of care, when inmates with mental health conditions are
moved between corrections, their medical records must also move with the patient,
and necessary care and medication must be provided until a fresh assessment is
conducted at the new correction facility to prevent the patient’s condition from
worsening.
- Poor conditions in correction facilities, overcrowding, insufficient ventilation, heat,
and a lack of stimulation can have a negative impact on all inmates’ mental health and
exacerbate pre-existing mental health conditions. Therefore, inmates with mental
health conditions should be housed in an environment that is supportive and
conducive to their mental health.
- Consider correction facilities close to their homes or their place of social
rehabilitation.

20
 - To ensure that inmates with mental health conditions are safeguarded against abuse
and violence by other inmates, inmates with mental health conditions must be kept in
separate facilities or housed in different sections from the general offender population.
- To develop training designed to capacitate correction officers (i.e., probation,
aftercare officers, etc.) entrusted with the day-to-day care of mentally ill inmates in
areas such as identification of mental illness, stigma, emotional intelligence,
motivational interviewing techniques, etc.
- Reintegration plans are developed for inmates with mental health conditions prior to
release, inclusive of their unique needs for care, continuation of treatment and
psychosocial support post release.
-

Early release
A due process is required for a mentally impaired inmate to qualify for early release, the early
release report should include the following:
a. Mentally impaired inmate report
b. Multidisciplinary Committee recommendations
c. Mentally ill inmate report on their conduct during imprisonment
d. Reintegration plan (to include factors such as referral pathways (continue care in the
community), family support.

9.4 Inmates living with disabilities

A person living with a disability includes those with physical and sensory impairments
(vision, deaf and speech) that, when combined with other factors, could prevent them from
participating to the fullest extent possible on an equal footing with others in society.7

Some inmates with disabilities, especially those with vision disabilities, are at risk of
developing mental health care needs, as the isolation experienced by such individuals may be
intensified in the correction environment. 8 Taking into account the problems with
communication faced by inmates with sensory disabilities, assistance should be provided to
ensure that they have equal access to counselling programmes and services.

Careful assessment shall be necessary to monitor that people living with physical disabilities
can cope with the arrangements of the correction facility, such as stairways, beds, access to
toilets and bathing facilities, and access to correction programmes and leisure rooms.

Specific Challenges
- Some inmates with disabilities face challenges on admission when admitted without
aid to their disabilities.

7
International Convention on the Rights of Persons with Disabilities. New York, NY, United Nations, 2006
(http://www.un.org/disabilities/convention/conven tionfull.shtml, accessed 6 December 2013.)
8
United Nations Convention on the Rights of Persons with Disabilities (5)
21
 - Lack of trained personnel in handling inmates living with disabilities.
- Poorly designed infrastructures that cannot accommodate inmates living with physical
challenges.
- Lack of suitable correctional officers to deliver the rehabilitation programmes to
offenders with sensory impairment.
- Inmates with disabilities face mobility challenges on discharge from correction
facilities.
- Lack of resources to assist in reintegration.
- Stigmatization and bullying.
- Virtually impaired programmes.

Interventions
- Handrails can be provided in cells, bright colours may be used for steps to make them
visible for those with visual disabilities, and ramps can be introduced to facilitate the
access of those using wheelchairs.
- Correctional Authorities to put in measures that ensure the safety and protection of
offenders living with disabilities from any violation of their rights and that legal/
disciplinary measures are taken against any person that violates the rights of offenders
living with disabilities.
- Correctional Authorities to provide training to correctional officials on the
management of offenders living with disabilities.
- Correctional Authority to recruit specialised personnel to work with offenders living
with disabilities, particularly those with sensory impairment.
- Correction authorities need to develop policies and strategies which address the needs
of inmates with disabilities. Such policies should be informed by the UN Convention
on the Rights of Persons with Disabilities and each Member State’s national
legislation, and address issues such as staff training, classification, accommodation,
health care, access to programmes and services, safety, preparation for release, early
conditional release, and compassionate release, as a priority.
- Correction authorities should design policies that ensure the safety of such inmates.
- A correction policy that outright forbids discrimination against inmates with
disabilities and actively promotes equality in treatment should be created and
conspicuously displayed in all correction facilities.
- Regular assessments should be done to identify shortcomings and good practices, and
to improve the situation of inmates with disabilities.
- On admission inmates living with disabilities should be given an opportunity to
declare any disability and provide information about their special needs on entry to
the correction facility.
- In addition, inmates living with disabilities should be provided with information about
the facility and correction rules in a format that is understandable to them (e.g. in
Braille or audio taped for inmates who have serious visual impairments and large
print for those with lesser visual disabilities).

22
 - Unless there is a legitimately acceptable security reason not to, inmates with
disabilities should be allowed to keep any form of aid, such as wheelchairs and
crutches that are relevant to their disabilities. If a risk is thought to be there,
acceptable alternatives must be offered.
- Careful assessment is required to determine whether those with physical disabilities
can manage the facility's arrangements, such as the stairways, beds, access to
restrooms and showers, and access to activities and recreation areas.
- Correction facilities in Member States should take all appropriate measures to ensure
easy access for persons living with disabilities to health services that are gender
sensitive, including health-related rehabilitation.
- The assistance of probation services, welfare agencies and appropriate organizations
of civil society should be sought in preparing inmates with disabilities for release.

9.5 Elderly/pensioner inmates

Although there is some inconsistency across the Member States on how to define or
categorize elderly or senior inmates, it is accepted to categorize them as those inmates above
the age of 60 years of age.9 Life in correction facilities is hard and it can even be harder for
those that are senior inmates confronted by physical and mental changes. At this age they
may face one or more of the following challenges that require attention:
1. Accommodation needs in reference to the facility layout resulting in challenges with
climbing stairs, access to sanitary facilities, to changing bedding requirements.
2. Mobility challenges, requiring access to devices such as a cane, walker, wheelchairs,
etc. that may require handrails, wider doors, wheelchair ramps, etc.
3. Changing nutritional needs
4. Additional medical needs, including eye, hearing and dental care needs, physical
therapy, portable oxygen, etc.
5. Personal care needs include assistance with bathing, dressing, etc.
6. Mental abilities deteriorating, including dementia, Alzheimer’s decease, etc. requiring
mental stimulation that is different from educational and vocational training needs of
younger offenders.

Retirement age or one to be considered a pensioner varies from Member State to Member
State the total number of pensioners in correction facilities has increased significantly due to
the increased use of life imprisonment without the possibility of parole, and changes in the
death penalty currently applied in countries.

Elderly inmates may be inmates who might have served long sentences that include lifers or
long sentences and due to age, some of them might have developed chronic ailments such as
hypertension, diabetes which require provision of specialist facilities and medication to cater
for their needs. Some, due to length of sentences being served might have lost contact with
their family members hence need special programmes for them to reconnect with families
9
Frank J Porporino, Managing the Elderly in Prison
23
prior to their discharge. Thus, they have special needs that needs to be fulfilled to ensure their
successful reintegration.

Older inmates experience health issues that most correction systems are unable to sufficiently
provide for and this shortage place a significant burden on the limited resources of
corrections’ health care services. According to reports, the breakdown of conventional family
and community bonds has caused senior people in some countries to turn to crime out of
desperation and loneliness.10 Unfortunately, these circumstances make it likely that the aging
population in correction facilities will keep growing in many nations around the world.

Globally most prisons are designed to cater to young offenders as opposed to older inmates,
this has serious consequences when developing programmes for senior inmates.

Due to insufficient resources, most prison systems face challenges to address the general
demands of rehabilitation and reintegration for young offenders on which most programmes
are designed hence including programmes for senior inmates is an enormous challenge in
most Member States.

There are three different groups of senior inmates that each needs a context-specific
programme.
i. Those who grew old in prison after receiving lengthy prison sentences when they
were younger. The majority of those in this cohort will have committed a violent
crime for the first time. It has been found that these offenders successfully
integrate into institutions and frequently behave like ‘model inmates’. However,
because of their prolonged institutionalization, lack of community ties, and scant
employment history, this group faces the greatest challenges in social
reintegration after release.
ii. Persistent offenders who have spent most of their life behind bars. They adapt to
prison life very well despite frequently having ongoing health issues, particularly
a history of substance abuse. Their career history is erratic, and they have little ties
to the community. They struggle with resettlement as well.
iii. Those who were found guilty of a crime later in life, typically, this group commit
major crimes. This group has the worst adjustment issues when incarcerated and is
more vulnerable to abuse from other inmates. Those who have received sentences
retroactively, frequently as a result of advancements in DNA testing, are included
in this group.

The three categories require different rehabilitation programs and reintegration programs
which need to be assessed upon entry to corrections and suitable programs developed,
matching individual requirements.

Reintegration for the elderly

10
UNODC Handbook on Prisoners with Special Needs
24
 - The case of the elderly on re-entry in the community is quite different from the
younger offenders. The main focus for the younger offender is on risk management
specifically to minimise the risk of re-offending. Studies have proven that risk
management for the elderly is quite different, and it is always minimal, even if it does
occur it is rather minor in nature. The focus here is on preventing homelessness,
loneliness, depression, suicide, alcohol and substance abuse, and an unhealthy
lifestyle.
- Assess to nursing homes upon release from correction facilities will prevent that these
individuals are socially isolated from their peer group.
- Calls for the involvement of community leaders and community-based organisations,
including religious organisations to reconnect the person to the family of the elderly.

Challenges
- Due to their general poor physical or mental health or disability, they might
experience challenges getting access to legal aid advice and making decisions on early
conditional and compassionate release, among other things.
- Pensioners might require specially designed facilities such as facilities on the ground
floor due to their mobility and vision problems.
- Correctional officers lack technical expertise and are under-trained in early
intervention of various age-related illnesses.
- Correction management has to send aging inmates to hospitals for treatment and this
result in an added budget cost to the already underfunded budgets.
- Medication for chronic ailments are often insufficient.
- Weakened immune and vulnerability to diseases.
- Special nutrition/dietary needs.

Intervention
- Case management allows grouping inmates with similar health care needs that allows
for the design of a more age-sensitive, safer, healthier, and cost-effective programme.
- Training or recruiting staff with expertise in geriatric-specific correctional care should
be prioritized and general health experience or qualification is not sufficient.
- Consider community release and parole for elderly inmates that no longer pose a
security risk to the community.
- Redesign of correctional environments to fit the elderly prison population where
physical and mental health is not exacerbated.
- The current existing educational and recreational programming are not necessarily
fitting the elderly population and new programmes should be developed such as self-
help and mentoring or peer-support groups, geriatric walking programme, low impact
sports activities, community arts, and craft activities, and literature or music
appreciation.
- Develop strong coordination with the judiciary to influence a reduction of lengthy
prison terms release and recommend them to benefit from amnesty and pardon
programmes.

25
 - Adopt an offender responsibility model manage by older former-inmate in
collaboration with correctional staff, where peers provide mentoring and extensive
social support services.
- Correction authorities should consider hospice programmes instead of early release or
where the inmate does not have possible support outside of the correction system.
- Provision of counselling services and emotional support.
- Peace education training.
- Vocational skills training and courses.
- Family visits and frequent contact with the family to re-establish family ties.
- Recommended for open prisons, halfway homes and or open-air facilities when
serving short sentences or at the end of long sentences after showing genuine desire to
reform.
- Recreational, will writing, spiritual support, etc.
- Health professionals should make daily visits to the cells of the elderly to monitor
their health and ensure the accurate taking of medication.

9.6 Foreign offenders

Foreign suspect/offender/inmate refers to any foreign national held in prison not under the
judicial authority of the facility. The term foreign national inmate refers to a person who has
been fairly remanded, convicted, and sentenced under the criminal justice system. This
category also includes inmates that have served their sentence and continue to be held in
corrections pending immigration decisions.

Most Member States does not provide specific rules for foreigners, however, foreigners are
discriminated against. They are more likely to be remanded in custody while awaiting trial,
and more likely to be sentenced to a term of imprisonment. National laws are more likely to
prevent foreign inmates to benefit from programmes such as transfers to open inmates, and
President amnesty.11 As a result, they are prone to be kept in high-risk facilities.

When dealing with foreign inmates, Member States should consider two main categories:
i) Challenges while imprisonment or the problems they experience during incarceration,
such as problems in maintaining family contact, language difficulties, immigration
uncertainties, and a lack of resettlement support.
ii) Opportunities to participate in prison activities due to being foreign to the
environment.12 Participating in prison activities contributes to a better dynamic and
reduces inmates’ involvement in disciplinary violations during their time of
incarceration.

11
Foreign National Prisoners; best practice in prison and resettlement, 2015, Lucy Slade
12
An Organizational Analysis of Foreign National Prisoners’ Participation Possibilities in Flanders (Belgium)
DORIEN BROSENS
26
The foreign inmate’s special programme should take into account that this category of
inmates is detained in a country in which they are neither a national nor a resident and the
focus is to provide them with equal opportunities as those of the other inmates.

Challenges:
- Differences in language, culture, customs, and religion, and lack of family ties and
contact with the ‘outside world’.13
- If foreign national inmates do not have an official residential address in the country of
imprisoned, they are often excluded from open custodial conditions.
- Language barriers prevent foreign national inmates’ equitable participation in prison
activities and many correction authorities decide not to invest in reintegration
programs for this population because of the high cost of inclusivity and many foreign
national inmates choose to return to their home country after their release from prison.
- Too long pre-trial periods often due to slow police investigations adds to existing
challenges experienced by nationals.
- Consular representatives may not be prompt to attend and visit foreign inmates.
- Women who are pregnant on admission and after delivery, they are allowed to keep
their children up to the age of five. It is challenging to ensure aftercare of the child.
- Visit from relatives are rare and difficult.
- Difficulty to establish proper communication with immediate family as the latter may
not have the required tools for video calls, zoom and skype meeting.

Recommendations
- Enhance coordination with stakeholders responsible, most notably the Department of
Foreign Relations enhancing interaction with embassies and consulates, Department
of Immigration, etc.
- Foreign inmates shall be treated with respect for their human rights and with due
regard for their particular and individual needs.
- Foreign inmates shall be entitled to be considered for the same range of non-custodial
sanctions and measures as other inmates; they shall not be excluded from
consideration on the grounds of their status.
- Only when strictly necessary and as a measure of last resort, foreign inmates shall not
be sentenced to custodial sanctions on the grounds of their status.
- Foreign inmates, when qualifying shall be considered for early release.
- Positive steps shall be taken to avoid discrimination and to address specific problems
that foreign persons may face while subject to community sanctions or measures, in
corrections, during transfer, and after release.
- Foreign inmates who so require shall be given appropriate access to interpretation and
translation facilities and the possibility to learn a language that will enable them to
communicate more effectively.
- The prison system shall accommodate the special welfare needs of foreign inmates
and prepare them for release and social integration.
13
EUROPEAN COMMITTEE ON CRIME PROBLEMS-Draft Recommendations for Foreign Prisoners
27
 - Decisions to transfer foreign inmates to a state with which they have links shall be
taken with respect to human rights, in the interests of justice, and with regard to the
need to socially reintegrate such inmates.
- Consider appropriate training (including foreign language) in dealing with foreign
inmates shall be provided for the relevant correction officials, authorities, agencies,
professionals, and associations which have regular contact with such persons.
- In order to ensure equal access to a balanced rehabilitation programme of activities,
correction authorities shall, where necessary, take specific measures to counter the
difficulties foreign inmates may face.
- The foreign inmate rehabilitation programme shall not be restricted because the
inmate concerned may be transferred, extradited, or expelled.
- Foreign inmates shall have equal access to education, health care, vocational training,
exercise and recreation, and income-producing work including outside of prison all of
this is subject to risk assessment f safety and security.

Conditions of imprisonment
- At admission foreign inmates shall be provided with information, in a language they
understand, in reference to:14
a. their rights; duties as inmates including a contract with their consular
representatives;
b. the main features of the facility and the internal regulations;
c. rules and procedures for making requests and complaints;
d. the rights for legal advice and assistance;

- Immediately after admission, correction authority shall;

a. assist foreign inmates, who wish to do so, to inform them of their imprisonment
their families, legal advisers, consular representatives, and other persons they
consider important to assist them.
b. Shall provide foreign inmates with information on international transfer
possibilities.

- Where appropriate and subject to the requirements of safety and security, foreign
inmates shall be allocated to corrections where there are others of their nationality,
culture, religion, or who speak their language.
- Foreign inmates shall be allowed to practice their culture and religion subject to the
requirements of safety and security.
- Unless there is a safety and security concern, foreign inmates shall be allowed to use a
language of their choice during contact with the outside world.
- Correction authorities shall endeavour to:
a. ensure that foreign inmates are able to inform family members about the facility
they are held or transferred.

14
Council of Europe -Recommendation CM/Rec(2012)12 of the Committee of Ministers to member States
concerning foreign prisoners
28
 b. Inform family members of the death, serious illness, or serious injury of such a
foreign inmate.
c. Keep up-to-date contact details of family members of the foreign inmate.
- They shall be allowed to keep themselves informed of public affairs by subscribing to
newspapers in a language they understand and to the extent possible they shall be
given access to radio or television broadcasts in a language they understand.

Contact consular representatives

- Correction authorities shall, subject to the inmate’s request, inform consular
representatives about the nationals held in prison.
- Foreign inmates shall have the right to contact with their consular representatives and
shall be given reasonable facilities to communicate with their consular
representatives.
- Those without consular representation in the country in which they are detained
correction authority shall facilitate the communication in a State with representatives.
Foreign inmates who are refugees, asylum seekers or stateless shall have the same rights
as foreign inmates.

Infants
Prenatal care is not adequately regulated, which results in mental health issues, post-natal
depression, and a high mortality rate in prisons.15
- The legal status of any infant in the correction facility with their foreign parent shall
be determined as early as possible during the sentence of that parent, with special care
being taken to resolve cases where children born in prison have a different nationality
to that of their parent.
- The best interest of a child to a foreign inmate to be kept in the correction facility is
paramount, with particular consideration shall be given to;
a. The prison conditions; and
b. Possible conditions that will apply if the child is kept outside prisons, the prison
should be the last option.

Reintegration/early release/permanent release from the correction facility

- Preparation for the release of foreign inmates shall start in good time and in a manner
that facilitates their reintegration into society.
- Their legal status and their situation after release shall be determined as early as
possible during their sentence.
- Correction authority shall assist the foreign inmate in making or re-establishing
contact with family, friends, and relevant support systems; be it they will remain in a
country they were held after release or in their country of origin.
- In order to ensure continuity of medical treatment and rehabilitation program with the
inmate’s consent the correction authority shall provide such full records of
information to the concerned country.
15
Fischer, Amber. "How to Improve Prenatal Care in Prisons." (2022).
29
 - Foreign inmates shall be considered for early release as soon as they are eligible and
shall not be discriminated against. In particular necessary steps shall be taken to
ensure that detention is not unduly prolonged by delays relating to the finalisation of
the immigration status.
- Most correction staff are likely to share their native country’s attitudes and prejudices,
so it is a further challenge for them to understand and accept the diverse backgrounds
of people in the prison.

9.7 Inmates with terminal illness

“Terminally ill, is a medical term that refers to a person who has a disease that cannot be
cured.” Inmates still have the fundamental right to be in good physical and mental health, and
they still have the right to receive medical care that meets at least the same standards as those
offered to the general public and should be guided by the same ethical principles.

Special prison situations such as overcrowding, infectious diseases, drug addiction, mental
disturbance and violence require sound ethical principles in the conduct of medical practice.
All inmates should immediately be afforded access to medical care, irrespective of their
detention and appropriate measures should be put in place for their treatment, after medical
examinations, which then shall determine whether one is terminally ill or not. Medical
resources can be exorbitant, let alone for the already for the already underfunded prison
service: therefore, it is advisable that when the prison conditions are not suitable for proper
care, correction authorities should explore other avenues that might aid with medical
treatment of the inmate.16

Medical resources can be exorbitant let alone for the already underfunded correction service;
therefore, it is advisable when the prison condition is classified as stage 3 and 4 for the
correction authority to seek and explore other venues that might aid with medical treatment of
the inmate.

Challenges
- Medical practitioner in prison often faces difficult problems which stem from
conflicting expectations from the correction authority and inmates, the consequences
of which require that the practitioner should adhere to very strict ethical policies.
- Inadequate resources - manpower, material, financial – to provide for terminal ill
inmates.
- Unwillingness or reluctance of the community, family, or old age homes to accept
terminally ill persons.
- Delays in involvement of relevant stakeholders to act and make relevant decisions.
- No hospices run by correction departments for terminally ill as well as trained
personnel to deal with them.
- There are insufficient Compassionate Release Programs put in place.
16
WHO Resource Book on Mental Health, Human Rights and Legislation, 2005
www.who.int/mental_health/policy/resource_book_MHLeg pdf
30
Interventions
- There should be a clear vision of the right to health care in corrections and the specific
role of the correction doctor and the other health care staff, this will be in the interest
of the terminal ill inmate, the correction health care staff, and the other health care
staff, the correction doctor, and the correction authority.
- In order to satisfy the health requirements of the inmates, doctors and qualified nurses
should be available on a full-time basis in the large correction facility, depending on
the number and the turnover of inmates and their average state of health.
- Since it is not easy to provide appropriate treatment in correction facilities, the
correction authority should make arrangements for ensuring strong contacts and
cooperation with local public and private health institutions in case of emergency and
those inmates that require special assistance.
- Correction authority should consider compassionate release in severe unreversed
medical conditions that result in a burden to the correction administration subject to
the appropriate outside conditions of the prison, such as a good family support system
and old age homes.
- If a inmate’s medical condonation is classified as Stage 3 because the inmate has one
or more medical conditions, which may increase the potential for sudden death, the
correction authority may also consider compassionate release.

Release of terminal ill inmates

When considering compassionate release for the terminally ill, the pre-release report
should include:
1) Details of the inmate’s sentence
2) The criminal history of the inmate
3) Inmate medical situation and life expectancy
4) Likelihood of the inmate dying in custody
5) Details of the inmate’s conduct while in custody
6) Victim-related concerns
7) Suitability of the non-custodial settings
8) Safety of the community
9) Details regarding the inmate community support, including views expressed by
the inmate and their family/any guardian where applicable.
10) Details relating to the inmate participation in prison programmes.
11) Decisions of the Prisoners Review Board- where applicable.

Compassionate release procedures, which are also known as medical release, medical
parole, medical leave, and humanitarian parole, can be mandated by the courts or by
internal corrections authorities. Unlike regular parole, a compassionate release is not
based on a inmate’s behaviour or sentencing, but on medical or humanitarian grounds
applicable to the inmate’s situation.

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9.8 Religious and Ethnic minorities

In many countries, religious and ethnic minorities (indigenous people) are at risk of being
marginalised in the community and this is likely to spill over into correction facilities. This is
because of their significant differences in their religious, beliefs, traditions, ethnicity reflected
in their cultural norms and languages as well as the social disadvantage they may experience
prior to their incarceration. Many correctional systems fail to take cognisant of these
differences in comparison to the majority populations. This is important to remember in
assessing the treatment and care plans for these groups in correction facilities. It is important
that there should be no religious and racial discrimination in the treatment of members of
these groups.
Members of these groups may have special health care needs as a result of their
socioeconomic marginalisation in many societies.

Specific Challenges
- Language barrier that hinders effective service delivery to religious and ethnic
minorities.
- Rehabilitation programmes not responsive to their cultural beliefs, traditions, and
socialisations.
- Difficulties to adjust to corrections environment due to their nomadic ways of living.
- Limited facilities to enable religious minority to worship their own religions.
- Lack of motivation to participate in the recommended rehabilitation interventions.
- Correctional Authorities lacking staff members with expertise in their vernacular
languages and management of religious and ethnic minorities.
- Lack of effective measures to protect them from any form of abuse.

Intervention
- Data collection on the exact number of the minority groups in correction institutions
- Train correctional officials on indigenous languages, particularly these of the minority
groups.
- Aid the adjustment of religious and ethnic minorities to correctional
system/environment.
- Facilitate equal access to rehabilitation programmes and other services and ensure that
delivery of the rehabilitation programmes is conducted in the indigenous languages.
- Rehabilitation programmes to be responsive to the cultural and religious needs of the
groups.
- Implement measures to protect the religious and ethnic minorities from any form of
abuse.
- Motivating the religious and ethnic minorities to participate in the rehabilitation
programmes.
- Avail facilities to enable them to profess and worship their own religious.
- Provide training on the management and treatment of religious and ethnic minorities.

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9.9 Lifers/Long sentence inmates
The definition of what is meant by a long-term inmate is different in Member States and is
guided by national policies, laws, and procedures. For the purpose of this guideline on the
management of lifers or long sentence inmates, they are regarded as those sentences of ten
(10) years or more as long sentences.

Most lifers or long-term inmates have committed serious crime such as murder, robbery with
violence and drug trafficking to name a few. There is no clear evidence that this category of
inmates are likely to be more disruptive or to pose a threat to good correction management
merely because of the length of their sentences.17

The United Nations recommends that States should provide life sentence inmates with
“opportunities for communication and social interaction,” as well as “opportunities for work
with remuneration, study, and religious, cultural, sports, and other leisure activities.” 18 If
these opportunities are to be offered to life sentence inmates, they should equally be available
for all other inmates serving long sentences.

Challenges
- Maintaining contact with family and friends becomes a challenge resulting in them
suffering from special stress, such as fear of losing external relationships and personal
deterioration.
- They suffer from suicidal thoughts and uncontrollable aggression, hopelessness and at
times deliberately disregarding rules.
- Unrealistic demand for more privileges (esp. conjugal visits, extended visits, special
food)
- Expectation to serve a minimum sentence (15 years) to be released.
- Reluctant to come for therapeutic sessions.
- Change in mood swings and it affects the continuity of programme in place for them.
- Reward system for this category of inmates should be different considering they do
not have remission.
- Mental distress and anti-social behaviour since they do not have any hope of being
released.

Interventions
- Initial assessment as the start of planning for the rehabilitation of the inmate.
- Mandatory continuous risk assessment from the stage when the inmate enters
correction facility, considering that the risk is neither higher nor lower than is
indicated by the facts of the case.
- Strengthen induction unit programmes, to facilitate the entry of the inmate into
ordinary prison life.

17
Andrew Coyle, A Human Rights Approach to Prison Management
18
United Nations Recommendations on Life Imprisonment
33
 - Provide continuous psychological support throughout their incarceration.
- Provide Restorative Justice programme in order to repair the harm that has been
committed against the victim and community.
- Privilege System: to provide such system in place in order to motivate good behaviour
and to have controlled access to amenities (e.g. extended visit).

9.10 Inmates under sentence of death

While Member States continue to assert their sovereign right to determine what actions and
behaviour are in contrast with the law and what sentence is appropriate, the recent decades
have witnessed growing abolishment of the death sentence, though not totally abolished, thus
motivating for the inclusion of this special group in the Guidelines.

From the historical perspective on the treatment of inmates, probably the most important
reforms occurred on death row constraints. Stiffer constraints were steadily loosened or either
lifted, such as inmates on sentence of death given the chance to work, recreation, and visitor
rights, and condemned inmates started participating in programmes. 19 Persons sentenced to
death are usually considered among the most dangerous inmates and are placed in the highest
security conditions which can add additional challenges.

Death row detainees are allowed to eat with other inmates and finally became entirely merged
into the general prison population, with the exception of separate quarters.

Inmates spending on death row has gotten increasingly longer in recent years and raises
questions about the constitutionality of this added punishment.

With the aging of death row inmates, the judicial justice system grapples with how issues of
age-related physical and mental decline affect executions.

Many death row inmates suffer from mental illness, and the isolation on death row often
exacerbate their condition.20 Older inmates also suffer from increasing physical disabilities,
rendering their ultimate execution a particularly demeaning action.

Death row syndrome / death row phenomenon

Psychologists21 argue that protracted periods in the confines of death row can make inmates
suicidal, delusional, and insane. Some have referred to the living conditions on death row the
bleak isolation and years of uncertainty as to the time of execution as the “death row
phenomenon” and the psychological effects that can result as “death row syndrome’’.

19
Penal Reform International- Prison guards and the death penalty
20
United Nations Economic and Social Council, Capital Punishment and implementation of the safeguards
guaranteeing protection of the rights of those facing the death penalty, Report of the Secretary General,
United Nations Doc. E/2005/3, 9 March 2005
21
Death Penalty Information Centre (DPIC)
34
For foreigners under a death sentence, it should be paramount to inform the consular or the
country representative of the inmates.
Executions
- Lethal Injections - Because of a resistance by drug manufacturers to provide the
drugs typically used in lethal injections, some states now allow the use of alternative
methods if lethal injection cannot be performed. Controversies surrounding the
method to be used have delayed executions in many states, contributing to an overall
decline in the use of the death penalty.
- Hanging - Hanging is the suspension of a person by a noose or ligature around the
neck.
- Electrocution- Execution by electrocution, performed using an electric chair, is a
method of execution in which the condemned person is strapped to a specially built
wooden chair and electrocuted through electrodes fastened on the head and leg.
- The gas chamber - The person is strapped into a chair within an airtight chamber,
which is then sealed. The executioner activates a mechanism which drops potassium
cyanide (or sodium cyanide) pellets into a bath of sulfuric acid beneath the chair; the
ensuing chemical reaction generates lethal hydrogen cyanide gas.
Firing Squad - A firing squad is normally composed of several military men, all of
whom are usually instructed to fire simultaneously, thus preventing both disruptions
of the process by one member and identification of who fired the lethal shot.

Challenges
- Unnecessary harshness of the near-constant solitary confinement to which death-row
inmates were subjected to be kept in small, windowless cells.
- Aging of death row inmates, resulting in a high population of elderly in this category
and executing people who have become so old is inconsistent with humanitarian
values.
- Speedy execution might lessen the time spent on death row, not allowing death row
inmates to explore all options for clemency.
- Lack of recreational facilities for death row inmates
- No access to health facilities outside correctional facilities
No structures to accommodate female death row inmates
Lack of counselling for officers responsible for the care of death row inmates

Interventions
Despite the stark conditions, death rows are still places where human connections form and
correction systems need to incorporate alternatives that will improve the current harsh
conditions in the death raw units.
- Consider alternative sentences, such as life without parole, and avoid some of the key
problems with capital punishment, including the high cost of the death penalty and the
risk of executing an innocent person.

35
 - allow death-row inmates to hold jobs within their correction unit, including “serving
meals, cleaning the common areas, laundry or assisting fellow inmates with
disabilities.”
- Like murder, execution inflicts emotional and psychological damage on those linked
to it. This can begin with anticipatory trauma when a court sets an execution date, and
the impact can remain even years after execution. Correction officer, who most
closely interact with condemned inmates on a daily basis, are particularly affected,
including and especially those acting as executioners.
- Psychosocial support for correction staff after executing dearth penalties.
- Upscaling of psychological and emotional support to inmates on the death row eg
counselling
- Intensified recreational programs
- Provision of intensified and specialist health care services
- Provision of regular mental health care check ups
- Length of stay while awaiting the final outcome of appeal, clemency or signing of
death warrant
- Psychosocial support for correction officers who are in close contact with death row
inmates on a daily basis
- Provision of counselling services to the families of the inmates through stakeholder
collaboration
- Death row inmates to be allowed visitation by family on a fortnightly basis
- Provision of nutritious meals to avoid being prone to health challenges
- To have structures that are accommodative to female inmates under the sentence of
death
- Involvement of stakeholders like Human Rights organisations to visit the foreign
inmates and make arrangements for family contacts in cases where there no
consulates in the country

Juvenile under death sentence

Under Article 6(5) of the International Covenant on Civil and Political Rights (ICCPR):
"Sentence of death shall not be imposed for crimes committed by persons below eighteen
years of age.22

10. Conclusion
Member States are reminded to refer to the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) and national legislative instruments, in
contextualising the Guidelines.

Member States should consider country-contexts (socio-economic; cultural, resources,

capacities in prioritising interventions for special needs groups
22
International Covenant on Civil and Political Rights (ICCPR)
36
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