by Dr. Róisín Mulgrew
Lecturer in Criminology and Criminal Justice, University of Galway and Irish Centre for Human Rights
Information
Prison authorities are obliged to collect and record information, as well as to provide prisoners with information. Particular categories of prisoners have more specific rights to information.
Information can also play a protective function. Good file management not only enhances effective prison management, but also ‘prevents prisoners becoming lost or forgotten in prison systems, a particular risk in overcrowded systems, and acts as a key safeguard against a range of human rights violations’. [1]
A. Record and File Management
Contemporary standards set out quite detailed requirements about what information should be maintained in individual prisoner files (paper or electronic), in addition to a central registration system.[2] The required information should be recorded, immediately on admission, or in some cases as soon as possible afterwards.[3] As soon as a person arrives in prison, the authorities should record their (gender) identity, time and date of admission and the reasons and authority for their committal.[4] Further required information includes a property inventory, relevant health information and a record of any injuries or complaints of ill-treatment, family details and emergency contact details. Further information should be recorded as soon as possible after admission. As soon as possible can mean within a few hours or up to a few days after admission. This can include additional health information (preferably within 24 hours[5]), security and risk classification, and the number and details of children and their welfare needs.[6]
The revision of the European Prison Rules in 2020 resulted in an important new rule being added, that requires that records for each prisoner are not only filed upon admission, but that such records are carefully maintained and updated throughout their time in prison.[7] This recognises the fact that important details, recorded at admission, may change over time. Prison authorities must now keep individual files under review and alter or add information as necessary.[8] Prison authorities must ensure files are up-to-date and accurate with respect to a wide range of issues including judicial process, sentence plans, release strategies and date, behaviour and risk to self and others, requests and complaints, use of separation or imposition of disciplinary punishments (including solitary confinement), use of instruments of restraint (nature and duration), intrusive searches and cells searches, transfers and personal property.[9]
Physical and mental health information contained in individual files is subject to confidentiality principles.[10] To further protect privacy and safety, all files must be stored in a confidential manner, in accordance with national law and with only pre-authorised staff being granted permission to access them.[11] On the other hand, prisoners should be granted access to their own file, though some aspects may be restricted due to safety and security concerns.[12] Care should be taken to ensure both paper and electronic record systems are securely backed up.
B. Information Rights
At arrival, all prisoners must be provided with information they need about admissions and prison life.[13] All prisoners should be provided with information (they can understand) about the regulations on prison discipline and rights and duties in prison, which they should be permitted to keep in their possession (if written).[14] Prisoners must also be informed about all legal proceedings against them, and for sentenced persons, information about release.[15] Prisoners must also be given accessible information about request and complaint procedures and rights to legal advice and aid.[16] Important information should be displayed in common areas of the prison.[17] These obligations on the type of information and the modalities for receiving it ensure prisoners are ‘empowered to assert these rights and know what to expect from prison authorities’.[18]
In addition to these general requirements that apply to all prisoners, contemporary standards also highlight additional information rights for particular categories of prisoners. Foreign prisoners must be provided with information about their rights and duties, the prison rules, complaints procedures, legal advice and assistance and transfer possibilities in a language that they can understand at admission.[19] Materials must also be provided in different languages (in writing or orally) for prisoners from minority groups who face language barriers.[20]
C. Notification Rights
Prisoners have the right to be informed about the death or serious illness of a relative.[21] In addition to receiving information, prisoners also have right to have information shared with nominated persons about their health, detention, and location (unless they have opted not to).[22] Accurate contact details are necessary to ensure these notification rights can be respected in practice.
D. The Protective Function of Information
Many of the obligations to gather, record and share information clearly have underlying rights protection goals. These preventative objectives are also visible in other information-related requirements. For example, healthcare officials are obliged to collect information about nutrition, hygiene, conditions, clothing and bedding, with a view to making recommendations to the prison director.[23] Further, independent monitoring bodies must be given access to all prison records, information on conditions, requests and complaints.[24] To enhance the effectiveness of oversight, there must be no sanction for any person that provides information to oversight bodies.[25]
[1] Council of European and Penal Reform International, Guidance Document on the European Prison Rules, 2023 at 38.
[2] See Rule 6 Nelson Mandela Rules (NMR).
[3] See Rules 15 and 16 European Prison Rules (EPR).
[4] Rule 15(1) EPR; Rule 7 NMR.
[5] 23rd General Report of the CPT, CPT/Inf (2013) 29, 2013, para. 73; Rule 30 NMR.
[6] See Rule 16 EPR; Rule 3 Bangkok Rules; See also Rules 12, 13 Recommendation CM/Rec (2018) 5 of the Committee of Ministers to member States concerning children with imprisoned parents.
[7] See new 16A EPR; Rule 8 NMR.
[8] Rule 16A(1) EPR.
[9] Rule 16A(2) EPR.
[10] Rule 15(1)(f) EPR.
[11] Rule 16A(3), (5) EPR; Rule 9 NMR. See also Rule 3(2) Bangkok Rules.
[12] Rule 16A(4) EPR; Rule 9 NMR.
[13] Rule 15.2 EPR.
[14] Rule 30(1)-(2) EPR; Rule 54(a), (c)-(d) NMR.
[15] Rule 30(3) EPR.
[16] Rules 23(3), 70(4) EPR; Rule 54(b) NMR.
[17] Rule 55(3) NMR.
[18] Council of European and Penal Reform International, Guidance Document on the European Prison Rules, 2023 at 94.
[19] Rule 37(6)-(7) EPR; See also Rule 15 Recommendation CM/Rec (2012) 12 concerning foreign prisoners.
[20] Rule 38(3) EPR; Rule 55(1) NMR.
[21] Rule 24(6) EPR; Rule 70 NMR.
[22] See Rule 24(8)-(9) EPR; Rules 68 and 69 NMR; Rule 14 Recommendation CM/Rec (2018) 5 of the Committee of Ministers to member States concerning children with imprisoned parents.
[23] Rules 44 EPR.
[24] Rule 93(2)(a) EPR; Rule 84(1) NMR.
[25] Rule 93(3) EPR.