39.
– It is important that prison staff do not feel threatened by the existence of a
formal system of complaint. On the contrary, they should see it as an essential
element in an open and professional service and one that protects the good
member of staff from any taint by the actions of a less professional colleague;
39.
– An inspector of a prison must pay particular attention to any segregation areas
where prisoners who have broken prison rules might be held;
39.
– Particular attention should also be given to the medical facilities and the
recording of any injuries and how they occurred;
39.
– Human rights cannot be forfeited, even when serving a sentence of detention
for criminal behaviour. Nobody, not even a higher authority, has the right to
order another to violate these rights;
39.
– Prison officials frequently have the most difficult task of working in conditions
that fall short of basic standards;
39.
– In these circumstances, they should bring the information to the attention of
the prison director. It is expected that the director will take the problem to a
higher authority;
39.
– If this action is not successful it is correct for prison staff to pursue the matter
again;
39.
– A death in custody must be investigated by a judicial or other authority and an
inquiry held. The results of the inquiry should be made available to the family
of the deceased.
CASE STUDIES
Methodology:
In order to maximize participation and dissemination of information for the whole
group, an exercise in discussion and decision-making may now take place.
Volunteers from among the trainees are invited to take turns to sit around a table at the
front of the room and discuss each case study.
It may be helpful to have a facilitator as part of the group to start the process if trainees
are a little reluctant initially.
The discussion and eventual decision-making are observed by all the trainees, who have
the opportunity to make their own comments at the end.
Points to be highlighted/suggested areas for discussion:
CASE STUDY 1
39.
– The everyday work of prison staff puts them in very trying and difficult
situations;
39.
– It is the responsibility of the senior staff to show the way in maintaining a
disciplined approach at all times, despite provocation;
39.
– Punishments amounting to violent acts against the person can never be
justified;
39.
– What is the job of a prison official? What do the international instruments say?;
39.
– Would staff “punish” the prisoner if they thought their colleagues would report
them?
43
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