Mandela Rules: a guide to detecting torture, ill-treatment and abuse in prison

The United Nations Standard Minimum Rules for the Treatment of Prisoners, known as “Mandela Rules”, These rules, like other international human rights treaties, place human dignity at the heart of all actions. They are fundamental to protecting the rights of prisoners worldwide.

The main obligations of the Mandela Rules are:

  1. Absolute prohibition of torture and cruel, inhuman or degrading treatment or punishment: Prisoners may not be subjected to torture or any other cruel, inhuman or degrading treatment or punishment. In accordance with Rule 1 of the Mandela Rules and international law, there is no circumstance whatsoever —such as states of emergency, political instability, orders from superiors, or disciplinary offenses— that could be invoked to justify torture or ill-treatment. Furthermore, protection is not limited solely to severe physical torture; it also encompasses practices such as solitary confinement, deliberate denial of medical care, or deprivation of water, light, and basic hygiene, all of which constitute serious violations under the standard against inhuman or degrading treatment.
  2. Security: It is essential to ensure at all times the safety of inmates, prison staff, service providers and visitors to prison facilities.

Specific questions for family members and close friends

Identification of physical torture and sporadic/systematic methods of restraint

(based on rule 1 and rules 47–48 on the prohibition of chains, shackles or instruments that cause pain)

  • Has your family member or friend been subjected to forced positions, hung from bars, or handcuffed in unnatural positions?
  • For how long consecutively did he remain in that position (minutes, hours, days)?
  • In what specific location within the prison did it occur (punishment cell, hallway, barber shop/“chair” area, etc.)?
  • Which officers or guards directly participated in or witnessed the torture?
  • Was he chained or tied to beds, bars, or fixed structures?
  • Was he prevented from performing his physiological needs (urinating/defecating) by being restrained or chained, forcing him to do it on himself?
  • What marks, wounds, ulcerations, or visible injuries were left by the shackles, chains, or restraint belts?
  • Have you been hit with batons/tonfas, fists, or kicks?
  • Have you suffered any intentional falls (e.g., being thrown down stairs or dragged while handcuffed)?
  • Does he/she have fractures, bruises, missing teeth, or internal injuries as a result of the attacks?

Psychological torture, isolation and lack of communication

(Based on Rules 43, 44 and 45: prohibition of prolonged isolation [more than 15 days], dark cells or cells with continuous light)

  • Have you been locked in punishment or isolation cells (“covered”, “tunnels”)?
  • How many consecutive days or months have you been held in solitary confinement? (Note: More than 15 consecutive days is considered prolonged solitary confinement and amounts to torture or cruel treatment under Rule 44).
  • Does the cell lack natural light or, on the contrary, does it keep an artificial light on 24 hours a day?
  • Does the cell have adequate ventilation or does it suffer from extreme temperatures without air circulation?
  • Has the right to telephone calls or family visits been arbitrarily suspended or denied? (Rule 43.3: The ban on family contact is strictly regulated and cannot be used as an arbitrary sanction.).
  • Have you been gagged or deprived of the ability to speak or communicate?
  • Are you or your family being verbally threatened for demanding your rights or trying to file complaints?

Inhuman living conditions and denial of basic needs

(Based on Rules 12 to 22: accommodation, hygiene, clothing, bedding and food)

  1. Food and water (Rule 22):
    • Is the food provided by the prison spoiled, rotten, or infested with insects/vectors?
    • Is access to safe drinking water being deliberately restricted?
    • Is food/water deprivation or reduction used as a form of punishment or discipline? (Prohibited by Rule 43.1d).
  2. Hygiene and sanitation (Rules 15, 16 and 18):
    • Does your cell have functional and clean sanitary facilities (toilet)?
    • Are you allowed daily personal hygiene and regular access to water for bathing?
    • Are you provided or allowed to receive basic personal hygiene items (soap, toothpaste, menstrual hygiene products)?
  3. Bed and clothing (Rules 19 and 21):
    • Do you have a mattress, a single bed, and clean bedding, or are you forced to sleep on the cement floor or on a bed without a mattress?
    • Is the clothing provided or permitted suitable for the climate and the person's dignity?

Denial of medical care and complicity in healthcare

(Based on Rules 24 to 35: right to health and medical independence)

  • If you suffer from a chronic or acute illness, are the prescribed medications delivered to you on time, or does it depend exclusively on what the family brings ("the bag/the crate")?
  • In case of serious injury or health emergencies, are you immediately taken to a medical center or hospital?
  • Is medical care being denied as a form of punishment or psychological pressure?
  • Do prison doctors confidentially examine inmates and document any signs of beatings or torture? (Rule 34: Obligation to document and report torture).
  • Have healthcare staff participated in or endorsed the application of disciplinary sanctions or isolations that harm their physical or mental health?

Data registration and reporting mechanisms

(Based on Rules 7, 8, 56 and 57: records, complaints and absence of retaliation)

  • Has the inmate or his family attempted to file written complaints with the prison administration, the Military Prosecutor's Office, or the Attorney General's Office?
  • Has the inmate suffered prison transfers, beatings, or punishment cells as direct retaliation for filing complaints or grievances? 
  • Does the inmate know the internal regulations or the formal reasons for the disciplinary sanctions imposed on him?

To document potential violations of the Mandela Rules, family members should record the exact date, time, and duration of each incident or sanction, as well as the names, surnames, military ranks, positions, or nicknames of the prison officials involved. It is also important to describe in detail any physical or psychological consequences resulting from these events and, where possible, keep photographs of any visible marks or injuries during family visits or after release. Furthermore, it is recommended to keep copies or records of any documents, written statements, complaints, or reports submitted to prison or local authorities, including the date of submission and, if applicable, the response received.

READ ALSO: What do the Mandela Rules stipulate regarding the use of torture and cruel treatment?

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