INTRODUCTION
02
The Standard Minimum Rules for the Treatment of Prisoners (SMR) were first adopted
in 1955 and approved by the United Nations (UN) Economic and Social Council in 1957.
Since their adoption, the SMR have become the key international standard governing
the treatment of prisoners and the key framework for monitoring and inspection bodies
engaging in assessment activities. In many countries, the SMR have been used as the
“blueprint” for national prison rules; in others, they are the only document directly regulating
the treatment of prisoners.
Yet, 60 years after the initial adoption of the SMR, correctional science had – unsurprisingly
– evolved considerably, and the Rules had become outdated. In some parts they even
became inconsistent with the international human rights framework created since 1955.
In recognition of these developments, the UN engaged in a four-year process of revision
and, on 17 December 2015, the UN General Assembly unanimously adopted the Revised
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).1 The
revised SMR, hereafter referred to as the “Mandela Rules”, were named to honour the
legacy of Nelson Mandela, the late President of South Africa, who spent 27 years in prison.
The international community decided not to redraft the entire SMR but, instead, opted to
carry out a “targeted revision” of terminology and of eight particular areas in which the SMR
had become most outdated.2 These included:
—— Respect for prisoners’ inherent dignity;
—— Medical and health services;
—— Disciplinary measures and sanctions;
—— Investigations of deaths and torture in custody;
—— Protection of vulnerable groups;
—— Access to legal representation;
—— Complaints and independent inspection; and
—— Training of staff.
The scope of the SMR was not changed in the course of the review, meaning that it still
covers “the general management of prisons, (…) applicable to all categories of prisoners,
criminal or civil, untried or convicted, including prisoners subject to ‘security measures’
or corrective measures ordered by the judge” (Preliminary observation 3(1)), as well as
“persons arrested or detained without charge” (Rule 122).
As part of their commitment to treating individuals in detention with humanity and
respecting their inherent dignity, OSCE participating States have committed to observing
the internationally recognized standards relating to the administration of justice and the
human rights of detainees, including the SMR.3
1. The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), General Assembly resolution 70/175,
annex, 17 December 2015. The Mandela Rules are referred to and directly quoted on a regular basis in this document. Each mention of the
Rules clearly specifies the individual Rule being discussed. If a not specified otherwise, the reference to a Rule or Rules always refers to the
Mandela Rules throughout the document. As such, all references to and quotes from the Mandela Rules in this document can be tied back
to this bibliographic reference www.unodc.org/documents/justice-and-prison-reform/GA-RESOLUTION/E_ebook.pdf.
2. The review was initiated on 21 December 2010, resolution 65/230 at the Twelfth United Nations Congress on Crime Prevention and Criminal
Justice which, among other things, requested the Commission on Crime Prevention and Criminal Justice to establish, “... an open-ended
intergovernmental expert group (...) to exchange information on best practices, as well as national legislation and existing international law,
and on the revision of existing United Nations Standard Minimum Rules Treatment Prisoners so that they reflect recent advances in correctional
science and best practices, with a view to making recommendations to the Commission on possible next steps.” A/RES/65/230, para. 10, p. 3.
3. Vienna 1989 Questions Relating to Security in Europe: Principles (23.2): “OSCE participating States will observe the United Nations Standard
Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials”.
Guidance document on the Nelson Mandela Rules