REFORMING PRISONS: ALIGNING DOMESTIC NORMS WITH MANDELA RULES & HUMAN RIGHTS STANDARDS

Recently, the Union Home Minister of India, Amit Shah, while addressing a conference on “Extradition of Fugitives: challenges and strategies” organised by the Central Bureau of Investigation (CBI), advocated for the establishment of special prisons to enhance India’s extradition success rate.

- VALLIMIREDDY ABHINAV DEEP DORA PROF. (DR) V VIJAY LAKSHMI

Although he acknowledged that Indian prisons are relatively in good condition, he emphasized the need for states to develop detention facilities that meet the international standards, in order to foster greater confidence among foreign governments in extradition matters. This also raises an important question of what can be considered as an international benchmark of prisons across the world.

THE NELSON MANDELA RULES (NMR): INTERNATIONAL BENCHMARK

The global benchmark for assessing prison conditions is the United Nations Standard Minimum Rules for the Treatment of Prisoners (SMRs), commonly known as the Nelson Mandela Rules (NMR). Compliance with these Rules is often regarded by foreign courts as a crucial prerequisite in extradition proceedings, as it serves to ensure that the requesting State upholds humane treatment standards. Moreover, adherence to these norms is also considered as an essential indicator of the overall quality and human rights compliance of a country’s prison system.

These guidelines were first developed in 1955, in the wake of World War II, when UN member states attempted to set minimal requirements for the treatment of those who had been deprived of liberty. The UN General Assembly overwhelmingly approved the updated regulations in 2015 after a thorough five-year revision process, and they were renamed in the honour of Nelson Mandela.