… Irrespective of whether a formal complaint has been received

We present to your attention a selection of Minimum Standards on freedom from torture and ill-treatment, dedicated to Nelson Mandela International Day, celebrated annually on 18 July.

These minimum standards should be taken into account to promote humane conditions of imprisonment, to raise awareness that prisoners are an integral part of society and to recognize the value of the work of prison staff as a social service of particular importance.

(Adopted by UN General Assembly Resolution 70/175 on December 17, 2015).

 «Rule 71

1. Notwithstanding the initiation of an internal investigation, the prison director shall report, without delay, any custodial death, disappearance or serious injury to a judicial or other competent authority that is independent of the prison administration and mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases. The prison administration shall fully cooperate with that authority and ensure that all evidence is preserved.

2. The obligation in paragraph 1 of this rule shall equally apply whenever there are reasonable grounds to believe that an act of torture or other cruel, inhuman or degrading treatment or punishment has been committed in prison, irrespective of whether a formal complaint has been received.

3. Whenever there are reasonable grounds to believe that an act referred to in paragraph 2 of this rule has been committed, steps shall be taken immediately to ensure that all potentially implicated persons have no involvement in the investigation and no contact with the witnesses, the victim or the victim’s family».

The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)