(2) Positivization - Where the support for the ideas

become strong, and thus incorporate them into legal

GENERAL NATURE AND DEFINITION OF
instruments. (3) Realization - When these rights are
HUMAN RIGHTS
already being enjoyed by the citizens by the
Human Rights transformation of the social, economic, and political
order.
Those rights, which are inherent in our nature and
without which, we cannot live as human beings. Three obligations of State Parties

It allows us to develop and use our human qualities, (1) Obligation to respect
intelligence, talents and conscience and to satisfy our
 Article 2(1) of the ICCPR contain this obligation
spiritual and other needs. Supreme, inherent and
 Indicates that the negative character of civil and
inalienable rights to life, dignity, and self-development.
political rights, commanding the State to refrain
The essence of these rights makes man human.
from restricting the exercise of these rights is not
Basic Characteristics of Human Rights: expressly allowed.

1. Inherent- Not granted by any person or authority, (2) Obligation to ensure

2. Fundamental- without them, the life and dignity of  Article 2(1) of the ICCPR also encompasses this
man will be meaningless. obligation, that State parties must be proactive to
enable individuals to enjoy their rights
3. Inalienable- cannot be rightfully taken away from  Article 2(2) of the ICCPR points out that to
individual. Cannot be given away or be forfeited. provide for an effective remedy to victims of
free human rights, it must adopt executive, judicial
and legislative measures.
4. Imprescriptible- cannot be lost even if man fails to
use or assert them, even by a long passage of time. (3) Obligation to protect- to prevent private
individuals, groups, or entities from interfering with the
5. Indivisible-Not capable of being divided. Cannot be individual's civil and political rights.
denied even when other rights have already been
enjoyed. SOURCES AND FOUNDATIONS OF HUMAN
RIGHTS LAW
6. Universal- It applies irrespective of one's origin,
status, or condition or place where one lives. Rights can  The 1987 Constitution - The Constitution itself
be enforced without national border. is a source, and not only the Bill of Rights.
 The 1987 Constitution is the basic source of
7. Interdependent- The fulfillment or exercise of one human rights law in the Philippines.
cannot be had without the realization of the other.  As early as Biak na Bato, our forefathers are
conscious about the rights of human beings.
Human Rights Principles:
 A novel feature of the 1987 Constitution is the
The dignity of man and human life is inviolable. From independent constitutional office of the
the dignity of man is derived the right of every person to Commission of Human Rights, the first national
free development of his personality. A legitimate state human rights commission in the world.
should exist to assure that in the discharge of the  The CHR is not a regular commission, not like
governmental functions, the dignity that is the birthright the CoA or the civil service, etc. It is an
of every human being is duly safeguarded. independent commission which investigates on
human rights violations and establishes
Classification of Rights: programs of education and information to
1. Natural Rights- God-given rights, acknowledged by enhance respect for the primacy of human rights.
everybody to be morally good. Unwritten, but prevail as  This Constitution is sometimes called as
norms of the society. "Human Rights Constitution".
 The 1987 Constitution is the seventh
2. Constitutional Rights- Conferred and protected by Constitution drafted by Filipinos.
the constitution and which cannot be modified or taken
away by the law-making body. International Bill of Rights - U Thant, former Secretary
General of the UN called the three (3) documents and
3. Statutory Rights- Those rights which are provided by the Optional Protocol to the Covenant on Civil and
law promulgated by the law-making body. May be Political Rights as "Magna Carta for mankind" and is
abolished by the body that created them. "the essential prerequisite for peace at home and in the
world".
Stages of Human Rights
Universal Declaration of Human Rights (UDHR)
(1) Idealization - Notions about human rights start in the
realm of ideas that reflect a consciousness against  The Commission on Human Rights of the
oppression or inadequate performance of the State. United Nations drafted the UDHR, while the
United Nations passed it.
  The chairwoman was former first lady Eleanor (3) The old provisions where words and phrases were
Roosevelt. The declaration was adopted by 48 amended by deletion.
votes in favor, none against and eight
 section 2, 15
abstentions.
 Carlos Romulo was also there during the (4) The old provisions that remained intact.
drafting of the CHR of the UN.
 The Preamble to the UDHR refers to the  section 1, 3(1), 5, 9, 10, 20, 21, 2
concepts of inherent human dignity and one Comprehensive Agreement on Respect for Human
inalienable nature of human rights. It also called Rights and International Humanitarian Law - this is
for inter-cultural consensus by indicating that a the fruit of the negotiations of the government and the
common understanding of the rights and rebels.
freedoms is to
 achieve promotion of universal respect for and  The first substantive agreement signed by the
observance of human rights and fundamental Negotiating Panels of the Government of the
freedoms. Philippines in the Hague, Netherlands.
 The UDHR is the first internationally adopted  This comprehensive agreement consists of seven
catalogue of human rights. (7) parts: > The Preamble - introduces the
 Mary Robinson, former High Commissioner for Agreement and articulates the reasons for and
Human Rights, said that the common language the intention of the parties.
of humanity, the language of human rights, is  Declaration of Principles
enshrined in the UDHR.  Bases, Scope, and Applicability
 Respect for Human Rights
International Covenant on Civil and Political Rights  Respect for International Humanitarian Law
(ICCPR)  Joint Monitoring Committee
➤ Adopted unanimously by 106 States and entered into  Final provisions
force in 1976.
International Covenant on Economic, Social and RIGHTS OF A PERSON UNDER CUSTODIAL
Cultural Rights INVESTIGATION
Custodial Rights of a Person
CIVIL AND POLITICAL RIGHTS Section 12, Article III of the 1987 Constitution
Bill of Rights in the 1987 Constitution - Sec. 12: (1) Any person under investigation for the
The Bill of Rights is a regular fixture in all Philippine commission of an offense shall have the right to be
Constitutions, except in the Biak na Bato Constitution of informed of his right to remain silent and to have
1897. competent and independent counsel preferably of his
own choice. If the person cannot afford the services of
1935 Constitution, 1973 Constitution, 1986 Freedom counsel, he must be provided with one. These rights
Constitution - Bill of Rights cannot be waived except in writing and in the presence
of counsel.
1943 Constitution - Duties and Rights of the Citizens.
(2) No torture, force, violence, threat, intimidation, or
1899 Malolos Constitution - The Filipinos and their
any other means which vitiate the free will shall be used
National and Individual Rights.
against him. Secret detention places, solitary,
Bill of Rights-An enumeration of civil and political incommunicado or other similar forms of detention are
rights that are self-executing. It also serves as a prohibited.
restriction upon the powers of the State in order to
(3) Any confession or admission obtained in violation of
preserve constitutional harmony and stability.
this or Section 17 hereof shall be inadmissible in
➤ Father Joaquin Bernas, SJ - The Bill of Rights is to evidence.
declare some forbidden zones in the private sphere
(4) The law shall provide for penal and civil sanctions
inaccessible to any power holder.
for violations of this section as well as compensation to
The provisions in the Bill of Rights can be classified and rehabilitation of victims of torture or similar
into four types practices, and their families.

(1) The completely new provisions. Custodial Investigation is any questioning by law
enforcement after a person has been taken into custody
 Section 12(4), 18(1), 19(2) or otherwise deprived of his freedom of action in any
(2) The old provisions that contain amendments by significant way. It refers to the investigation conducted
addition. by law enforcement immediately after arrest for the
commission of an offense. It begins when a person has
 Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13, 19(1) been arrested and brought to the custody of law
enforcers in which suspicion is focused on him in
particular and questions are asked from him (the suspect) - This refers not only to verbal confessions but also to
to elicit admissions or information on the commission of acts. However, mechanical acts that does not require the
an offense. use
What is the Miranda Doctrine? intelligence (such as providing DNA samples) or to
answers to general questions are not protected under this
The Miranda Doctrine means that prior to questioning
right.
during custodial investigation, the person must be
warned that he has the right to remain silent, that any The right to an attorney or to counsel, preferably of
statement he gives may be used as evidence against him, his own choice; if not, one will be provided for him
and that he has the right to the presence of an attorney,
- This right is absolute and applies even if the accused
either retained or appointed.
himself is a lawyer. The right is more particularly the
The name comes from the U.S. case, Miranda vs. right to independent and competent. An independent
Arizona, 16 L. Ed 2d 694, in which the US Supreme counsel is one not hampered with any conflicts of
Court laid down the principle of custodial rights of an interest, and a competent counsel is one who is vigilant
accused. It held, thus: in protecting the rights of an accused.
"Our holding will be spelled out with some In the pages Right against torture, force, violence, threat,
which follow, but, briefly stated, it is this: the intimidation or any other means which vitiate the
prosecution may not use statements, whether exculpatory free will of the person Right against secret detention
or inculpatory, stemming from the use of procedural places, solitary, incommunicado, or other similar
safeguards effective to secure the privilege custodial forms of detention
interrogation of the defendant unless it demonstrates
Any confession or admission obtained from the
against self-incrimination. By custodial investigation, we
person arrested in violation of these rights are
mean questioning initiated by law enforcement officers
inadmissible in evidence and cannot be used against said
after a person has been taken into custody or otherwise
person. This is called the Exclusionary Rule, i.e. it is
deprived of his freedom of employed, unless other fully
excluded from the evidence to be considered by the court
effective means are devised to inform action in any
during trial. Such confession or admission is tainted and
significant way. As for the procedural safeguards to be
must be suppressed under the "Fruit of the Poisonous
accused persons of their right of silence and to assure a
Tree" Doctrine.
continuous to any questioning, the person must be
warned that he has the right opportunity to exercise it, Republic Act No. 7438
the following measures are required: Prior to remain
silent, that any statement he does make may be used a AN ACT DEFINING CERTAIN RIGHTS OF
evidence against him, and that he has a right to the PERSON ARRESTED, DETAINED OR UNDER
presence of an attorney, either retained or appointed. The CUSTODIAL INVESTIGATION AS WELL AS THE
defendant may waive effectuation of these rights, DUTIES OF THE ARRESTING, DETAINING AND
provided the waiver is made voluntarily, knowingly and INVESTIGATING OFFICERS, AND PROVIDING
intelligently. If, however, he indicates in any manner and PENALTIES FOR VIOLATIONS THEREOF
at any stage of the process that he wishes to consult with Section 1. Statement of Policy. It is the policy of the
an attorney before speaking, there can be no questioning. Senate to value the dignity of every human being and
Likewise, if the individual is alone and indicates in any guarantee full respect for human rights.
manner that he does not wish to be interrogated, the
police may not question him. The mere fact that he may Section 2. Rights of Persons Arrested, Detained or
have answered some questions or volunteered some Under Custodial Investigation; Duties of Public
statements on his own does not deprive him of the right Officers. -
refrain from answering any further inquiries until he has
(a) Any person arrested detained or under custodial
consulted with an attorney and thereafter consents to be
investigation shall at all times be assisted by counsel.
questioned."
(b) Any public officer or employee, or anyone acting
What are the rights of a person during custodial
under his order or his place, who arrests, detains or
investigation?
investigates any person for the commission of an offense
The right to be informed of his rights shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to
-i.e. the reading of the Miranda Doctrine or custodial have competent and independent counsel, preferably of
rights by police during his arrest. This carries the his own choice, who shall at all times be allowed to
correlative obligation on the part of the investigator to confer privately with the person arrested, detained or
explain and contemplates effective communication under custodial investigation. If such person cannot
which results in the subject understanding what is afford the services of his own counsel, he must be
conveyed. provided with a competent and independent counsel by
The right to remain silent and to be reminded that the investigating officer.
anything he says can and will be used against him (c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumb marked if the person conducted, provided that if the municipality of city
arrested or detained does not know how to read and cannot pay such fee, the province comprising such
write, it shall be read and adequately explained to him by municipality or city shall pay the fee: Provided, That the
his counsel or by the assisting counsel provided by the Municipal or City Treasurer must certify that no funds
investigating officer in the language or dialect known to are available to pay the fees of assisting counsel before
such arrested or detained person, otherwise, such the province pays said fees.
investigation report shall be null and void and of no
In the absence of any lawyer, no custodial investigation
effect whatsoever.
shall be conducted and the suspected person can only be
(d) Any extrajudicial confession made by a person detained by the investigating officer in accordance with
arrested, detained or under custodial investigation shall the provisions of Article 125 of the Revised Penal Code.
be in writing and signed by such person in the presence
Section 4. Penalty Clause. (a) Any arresting public
of his counsel or in the latter's absence, upon a valid
officer or employee, or any investigating officer, who
waiver, and in the presence of any of the parents, elder
fails to inform any person arrested, detained or under
brothers and sisters, his spouse, the municipal mayor, the
custodial investigation of his right to remain silent and to
municipal judge, district school supervisor, or priest or
have competent and independent counsel preferably of
minister of the gospel as chosen by him; otherwise, such
his own choice, shall suffer a fine of Six thousand pesos
extrajudicial confession shall be inadmissible as
(P6,000.00) or a penalty of imprisonment of not less than
evidence in any proceeding.
eight (8) years but not more than ten (10) years, or both.
(e) Any waiver by a person arrested or detained under The penalty of perpetual absolute disqualification shall
the provisions of Article 125 of the Revised Penal Code, also be imposed upon the investigating officer who has
or under custodial investigation, shall be in writing and been previously convicted of
signed by such person in the presence of his counsel;
a similar offense.
otherwise the waiver shall be null and void and of no
effect. The same penalties shall be imposed upon a public
officer c officer or in his place, who fails to provide a
(f) Any person arrested or detained or under custodial
competent a independent counsel to a person arrested,
investigation shall be allowed visits by or conferences
detained or under employee, or anyone acting upon
with any member of his immediate family, or any
orders of such investigating custodial investigation for
medical doctor or priest or religious minister chosen by
the commission of an offense if the latter cannot afford
him or by any member of his immediate family or by his
the services of his own counsel.
counsel, or by any national non-governmental
organization duly accredited by the Commission on (b) Any person who obstructs, prevents or prohibits any
Human Rights of by any international non-governmental lawyer any member of the immediate family of a person
organization duly accredited by the Office of the arrested detained or under custodial investigation, or any
President. The person's "immediate family" shall include medical doctor or priest or religious minister chosen by
his or her spouse, fiancé or fiancée, parent or child, him or by any member of his immediate family or by his
brother or sister, grandparent or grandchild, uncle or counsel, from visiting and conferring privately with him,
aunt, nephew or niece, and guardian or ward. or from examining and treating him, or from ministering
to his spiritual needs suffer the penalty of imprisonment
As used in this Act, "custodial investigation" shall
of not less than four (4) at any hour of the day or, in
include the practice of issuing an "invitation" to a person
urgent cases, of the night sha years nor more than six (6)
who is investigated in connection with an offense he is
years, and a fine of four thousand pesos
suspected to have committed, without prejudice to the
(P4,000.00).lawphi1
liability of the "inviting" officer for any violation of law.
The provisions of the above Section notwithstanding,
Section 3. Assisting Counsel. - Assisting counsel is any
any security officer with custodial responsibility over
lawyer, except those directly affected by the case, those
any detainee or prisoner may undertake such reasonable
charged with conducting preliminary investigation or
measures as may be necessary to secure his safety and
those charged with the prosecution of crimes.
prevent his escape.
The assisting counsel other than the government lawyers
The United Nations Standard Minimum Rules for the
shall be entitled to the following fees;
Treatment of Prisoners
(a) The amount of One hundred fifty pesos (P150.00) if
(The Nelson Mandela Rules)
the suspected person is chargeable with light felonies;
RULES OF GENERAL APPLICATION
(b) The amount of Two hundred fifty pesos (P250.00) if
the suspected person is chargeable with less grave or Rule 1 All prisoners shall be treated with the respect due
grave felonies; to their inherent dignity and value as human beings. No
prisoner shall be subjected to, and all prisoners shall be
(c) The amount of Three hundred fifty pesos (P350.00) if
protected from, torture and other cruel, inhuman or
the suspected person is chargeable with a capital offense.
degrading treatment or punishment justification. The
The fee for the assisting counsel shall be paid by the city safety and security of prisoners, staff, service for which
or municipality where the custodial investigation is no circumstances whatsoever may be invoked as
providers and visitors shall be ensured at all times. be no legal reason for their detention and the necessities of
discrimination on the grounds of race, color, sex, their treatment.
language
Accommodation
Rule 2 1. The present rules shall be applied impartially.
Rule 12 Where sleeping accommodation is in individual
There shall religion, political or other opinion, national
cells or rooms, each prisoner shall occupy by night a cell
or social origin, property birth or any other status. The
or room by himself or herself. If for special reasons,
religious beliefs and moral precepts tof prisoners shall be
such as temporary overcrowding, it becomes necessary
respected.
for the central prison administration to make an
Rule 3 Imprisonment and other measures that result in exception to this rule, it is not desirable to have two
surfing persons from the outside world are afflictive by prisoners in a cell or room.
the very fact of taking from these persons the right of
Rule 13 All accommodation provided for the use of
self-determination by depriving them of their liberty.
prisoners and in particular all sleeping accommodation
Rule 4 The purposes of a sentence of imprisonment or shall meet all requirements of health, due regard being
similar measures deprivative of a person's liberty are paid to climatic conditions and particularly to cubic
primarily to protect society against crime and to reduce content of air, minimum floor space, lighting, heating
recidivism. Those purposes San be achieved only if the and ventilation.
period of imprisonment is used to ensure so far as
Rule 14 In all places where prisoners are required to live
possible, the reintegration of such persons into society
or work:
upon release so that they can lead a law-abiding and self-
supporting life (a) The windows shall be large enough to enable the
prisoners to read or work by natural light and shall be so
Rule 5 The prison regime should seek to minimize any
constructed that they can allow the entrance of fresh air
differences between prison life and life at liberty that
whether or not there is artificial ventilation;
tend to lessen the responsibility of the prisoners or the
respect due to their dignity as human beings. (b) Artificial light shall be provided sufficient for the
prisoners to read or work without injury to eyesight.
Prisoner File Management
Rule 15 The sanitary installations shall be adequate to
Rule 6 There shall be a standardized prisoner file
enable every prisoner to comply with the needs of nature
management system in every place where persons are
when necessary and in a clean and decent manner.
imprisoned. Such a system may be an electronic
database of records or a registration book with numbered Rule 16 Adequate bathing and shower installations shall
and signed pages. Procedures shall be in place to ensure be provided so that every prisoner can, and may be
a secure audit trail and to prevent unauthorized access to required to, have a bath or shower, at a temperature
or modification of any information contained in the suitable to the climate, as frequently as necessary for
system. general hygiene according to season and geographical
region, but at least once a week in a temperate climate.
Rule 7 No person shall be received in a prison without a
valid commitment order.
Rule 8 Prisoner's personal information shall be entered Rule 17 All parts of a prison regularly used by prisoners
in the prisoner file management system in the course of shall be properly maintained and kept scrupulously clean
imprisonment. at all times.
Rule 9 All records referred to in rules 7 and 8 shall be Personal Hygiene
kept confidential and made available only to those
whose professional responsibilities require access to Rule 18 Prisoners shall be required to keep their persons
such records. Every prisoner shall be granted access to clean, and to this end they shall be provided with water
the records pertaining to him or her, subject to redactions and with such toilet articles as are necessary for health
authorized under domestic legislation, and shall be and cleanliness.
entitled to receive an official copy of such records upon Clothing and Bedding
his or her release.
Rule 19 1. Every prisoner who is not allowed to wear his
Rule 10 Prisoner file management systems shall also be or her own clothing shall be provided with an outfit of
used to generate reliable data about trends relating to and clothing suitable for the climate and adequate to keep
characteristics of the prison population, including him or her in good health. Such clothing shall in no
occupancy rates, in order to create a basis for evidence- manner be degrading or humiliating.
based decision-making.
Rule 20 If prisoners are allowed to wear their own
Separation of Categories clothing. arrangements shall be made on their admission
Rule 11 The different categories of prisoners shall be to the prison to ensure that it shall be clean and fit for
kept in separate institutions or parts of institutions, use.
taking account of their sex, age, criminal record, the
Rule 21 Every prisoner shall, in accordance with local or (b) His or her rights, including authorized methods of
national standards, be provided with a separate bed and seeking information, access to legal advice, including
with separate and sufficient bedding which shall be clean through legal aid schemes, and procedures for making
when issued, kept in good order and changed often requests or complaints;
enough to ensure its cleanliness.
(c) His or her obligations, including applicable
Food disciplinary sanctions; and (d) All other matters
necessary to enable the prisoner to adapt himself or
Rule 22
herself to the life of the prison.
1. Every prisoner shall be provided by the prison
Contact with the outside world
administration at the usual hours with food of nutritional
value adequate for health and strength, of wholesome Rule 58
quality and well prepared and served.
1. Prisoners shall be allowed, under necessary
2. Drinking water shall be available to every prisoner supervision, to communicate with their family and
whenever he or she needs it. Exercise and sport friends at regular intervals:
Rule 23 (a) By corresponding in writing and using, where
available, telecommunication, electronic, digital and
1. Every prisoner who is not employed in outdoor work
other means;
shall have at least one hour of suitable exercise in the
open air daily if the weather permits. (b) By receiving visits.
2. Young prisoners, and others of suitable age and Books
physique, shall receive physical and recreational training
Rule 64 Every prison shall have a library for the use of
during the period of exercise. To this end, space,
all categories of prisoners, adequately stocked with both
installations and equipment should be provided.
recreational and instructional books, and prisoners shall
Health-Care Services be encouraged to make full use of it.
Rule 24 The provision of health care for prisoners is a Religion
State responsibility. Prisoners should enjoy the same
Rule 65
standards of health care that are available in the
community, and should have access to necessary health- [Link] the prison contains a sufficient number of prisoners
care services free of charge without discrimination on of the same religion, a qualified representative of that
the grounds of their legal status. religion shall be appointed or approved. If the number of
prisoners justifies it and conditions permit, the
Restrictions, Discipline and Sanctions
arrangement should be on a full-time basis.
Rule 36 Discipline and order shall be maintained with
Retention of prisoners' property
no more restriction than is necessary to ensure safe
custody, the secure operation of the prison and a well- Rule 67
ordered community life.
1. All money, valuables, clothing and other effects
Instruments of Restraint belonging to a prisoner which he or she is not allowed to
retain under the prison regulations shall on his or her
Rule 47 The use of chains, irons or other instruments of
admission to the prison be placed in safe custody. An
restraint which are inherently degrading or painful shall
inventory thereof shall be signed by the prisoner. Steps
be prohibited.
shall be taken to keep them in good condition.
Searches of Prisoners and Cells
Notifications
Rule 50 The laws and regulations governing searches of
Rule 68 Every prisoner shall have the right, and shall be
prisoners and cells shall be in accordance with
given the ability and means, to inform immediately his
obligations under international law and shall take into
or her family, or any other person designated as a contact
account international standards and norms, keeping in
person, about his or her imprisonment, about his or her
mind the need to ensure security in the prison. Searches
transfer to another institution and about any serious
shall be conducted in a manner that is respectful of the
illness or injury. The sharing of prisoners' personal
inherent human dignity and privacy of the individual
information shall be subject to domestic legislation.
being searched, as well as the principles of
proportionality, legality and necessity. Investigations
Information to and complaints by prisoners Rule 71
Rule 54 Upon admission, every prisoner shall be 1. Notwithstanding the initiation of an internal
promptly provided with written information about: investigation, the prison director shall report, without
delay, any custodial death, disappearance or serious
(a) The prison law and applicable prison regulations;
injury to a judicial or other competent authority that is
independent of the prison administration and mandated
to conduct prompt, impartial and effective investigations purpose, so far as the length of the sentence permits, to
into the circumstances and causes of such cases. The establish in them the will to lead law- abiding and self-
prison administration shall fully cooperate with that supporting lives after their release and to fit them to do
authority and ensure that all evidence is preserved. so. The treatment shall be such as will encourage their
self- respect and develop their sense of responsibility.
Removal of Prisoners
Classification and Individualization
Rule 73
Rule 93
1. When prisoners are being removed to or from an
institution, they shall be exposed to public view as little 1. The purposes of classification shall be:
as possible, and proper safeguards shall be adopted to
(a) To separate from others those prisoners who, by
protect them from insult, curiosity and publicity in any
reason of their criminal records or characters, are likely
form.
to exercise a bad influence;
2. The transport of prisoners in conveyances with
(b) To divide the prisoners into classes in order to
inadequate ventilation or light, or in any way which
facilitate their treatment with a view to their social
would subject them to unnecessary physical hardship,
rehabilitation.
shall be prohibited.
2. So far as possible, separate prisons or separate
3. The transport of prisoners shall be carried out at the
sections of a prison shall be used for the treatment of
expense of the prison administration and equal
different classes of prisoners.
conditions shall apply to all of them.
Privileges
Institutional Personnel
Rule 95 Systems of privileges appropriate for the
Rule 74
different classes of prisoners and the different methods
1. The prison administration shall provide for the of treatment shall be established at every prison, in order
careful selection of every grade of the personnel, to encourage good conduct develop a sense of
since it is on their integrity, humanity, responsibility and secure the interest and cooperation of
professional capacity and personal suitability for prisoners in their treatment.
the work that the proper administration of
Work
prisons depends.
Rule 96
1. Sentenced prisoners shall have the opportunity to
Internal and External Inspections
work and or to actively participate in their rehabilitation,
Rule 83 subject to a determination of physical and mental fitness
by a physician or other qualified health-care
1. There shall be a twofold system for regular
professionals.
inspections of prisons and penal services:
Education and Recreation
(a) Internal or administrative inspections conducted by
the central prison administration; Rule 104
(b) External inspections conducted by a body 1. Provision shall be made for the further education of all
independent of the prison administration, which may prisoners capable of profiting thereby, including
include competent international or regional bodies. religious instruction in the countries where this is
possible. The education of illiterate prisoners and of
2. In both cases, the objective of the inspections shall be
young prisoners shall be compulsory and special
to ensure that prisons are managed in accordance with
attention shall be paid to it by the prison administration.
existing laws, regulations, policies and procedures, with
a view to bringing about the objectives of penal and Social Relations and Aftercare
corrections services, and that the rights of prisoners are
Rule 106 Special attention shall be paid to the
protected.
maintenance and improvement of such relations between
RULES APPLICABLE TO SPECIAL a prisoner and his or her family as are desirable in the
CATEGORIES best interests of both.
A. Prisoners under sentence Guiding Principles B. Prisoners with Mental Disabilities and/or Health
Conditions
Rule 86 The guiding principles hereafter are intended to
show the spirit in which penal institutions should be Rule 109
administered and the purposes at which they should aim,
1. Persons who are found to be not criminally
in accordance with the declaration made under
responsible, or who are later diagnosed with severe
preliminary observation 1 of these rules. Treatment
mental disabilities and/ or health conditions, for whom
Rule 91 The treatment of persons sentenced to staying in prison would mean an exacerbation of their
imprisonment or a similar measure shall have as its condition, shall not be detained in prisons, and
arrangements shall be made to transfer them to mental
health facilities as soon as possible.
C. Prisoners Under Arrest or Awaiting Trial
Rule 111
1. Persons arrested or imprisoned by reason of a criminal
charge against them, who are detained either in police
custody or in prison custody (jail) but have not yet been
tried and sentenced, will be referred to as "untried
prisoners" hereinafter in these rules.
2. Unconvicted prisoners are presumed to be innocent
and shall be treated as such.
3. Without prejudice to legal rules for the protection of
individual liberty or prescribing the procedure to be
observed in respect of untried prisoners, these prisoners
shall benefit from a special regime which is described in
the following rules in its essential requirements only.
D. Civil Prisoners
Rule 121 In countries where the law permits
imprisonment for debt, or by order of a court under any
other non-criminal process, persons so imprisoned shall
not be subjected to any greater restriction or severity
than is necessary to ensure safe custody and good order.
Their treatment shall be not less favourable than that of
untried prisoners, with the reservation, however, that
they may possibly be required to work.
E. Persons Arrested or Detained Without Charge
Rule 122 Without prejudice to the provisions of article 9
of the International Covenant on Civil and Political
Rights, persons arrested or imprisoned without charge
shall be accorded the same protection as that accorded
under part I and part II, section C, of these rules.
Relevant provisions of part II, section A, of these rules
shall likewise be applicable where their application may
be conducive to the benefit of this special group of
persons in custody, provided that no measures shall be
taken implying that re-education or rehabilitation is in
any way appropriate to persons not convicted of any
criminal offence.