C HAPTER 17. D ISCIPLINE AND PUNISHMENT OBJECTIVE From time to time some prisoners will refuse to observe the legitimate rules of the prison. When this happens there has to be a formal disciplinary procedure to establish guilt and impose appropriate punishment. The objective of this chapter is to stress that this procedure should observe the principles of natural justice. ESSENTIAL PRINCIPLES All disciplinary offences and punishments must be specified by law or by published legal regulations. No prisoner shall be punished before being informed of the alleged offence and before being given the opportunity to present a proper defence. No prisoner shall be employed in any disciplinary capacity. All cruel, inhuman or degrading punishments are completely prohibited, including corporal punishment or placing the prisoner in a dark cell. Punishment by close confinement or reduction of diet shall never be inflicted unless the prisoner is certified by the medical officer as medically fit to sustain it. Instruments of restraint, such as handcuffs, chains, irons and straitjackets, shall never be applied as a punishment. Prisoners who are subject to disciplinary action should have the right of appeal to a higher authority. These principles should be presented visually and remain on display throughout the session. BASIS IN INTERNATIONAL INSTRUMENTS Exercise: Using the Compilation of Instruments, the trainees should work in pairs in order to discover the basis for each of these principles. There is a considerable amount of material to be discovered here. A short reporting back period is advisable to encourage use of the primary sources. IMPLICATIONS While it is probably the case that nobody welcomes punishment, this is unlikely to be true for discipline. The important message is that, if the disciplinary code is publicized and adhered to, it is unlikely that there will be opposition to its implementation. The role of the medical officer within a prison may generate discussion; it is important that the message of the international instruments is the one the trainees take away with them. 91