3. INCIDENT PREVENTION AND RESPONSE
Such an approach also means that if an incident occurs prison staff already know individual prisoners
well enough to be able to respond effectively.161
Dynamic security approaches have been shown to improve security. According to the CPT, constructive
relations between prisoners and staff “will serve to lower the tension inherent in any prison
environment and by the same token significantly reduce the likelihood of violent incidents and
associated ill‑treatment”.162 UNDOC also states that the “approachability of staff, instilling confidence,
creating a sense of order and safety/security” has been found to prevent conflict.163
3.1. INSTRUMENTS
OF RESTRAINT
02
Instruments of restraint have been defined as “external mechanical devices designed to
restrict or immobilise the movement of a person’s body, in whole or in part”.164 There are
many different types of instruments of restraint, and new ones continue to be developed.
3
The use of restraints, including during transfer, should be strictly regulated by law and
authorities should develop clear policies and procedures for their use, in line with the Mandela
Rules, the Code of Conduct for Law Enforcement Officials and the BPUFF. These should
include, at a minimum, the types of restraint that can and cannot be used and the risks
associated with them; the circumstances in which they may be applied; the way in which they
should be applied to minimize the risk of injury and pain; which staff are allowed to use them
and who should authorize their use; and the reporting requirements for the use of restraints.
Laws, policies and procedures on the use of restraints should be publicly available and
accessible to all staff, internal and external monitors, and prisoners. Such laws, policies and
procedures should be regularly reviewed, with new medical research regarding their use given
due consideration.
The use of restraints that are inherently degrading or painful must be prohibited. If laws
or regulations contain a list of prohibited items, the list should not be interpreted narrowly,
and there should be provision for other items to be prohibited if they are inherently degrading
or painful, including new technologies. This must be made clear to prison staff.
RELEVANT RULES: INSTRUMENTS OF RESTRAINT
Rule 47:
(b) By order of the prison director, if other methods of
1. The use of chains, irons or other instruments of
control fail, in order to prevent a prisoner from injuring
restraint which are inherently degrading or painful
shall be prohibited.
2. Other instruments of restraint shall only be
used when authorized by law and in the following
circumstances:
himself or herself or others or from damaging property;
in such instances, the director shall immediately alert
the physician or other qualified health-care professionals
and report to the higher administrative authority.
(a) As a precaution against escape during a transfer,
provided that they are removed when the prisoner
appears before a judicial or administrative authority;
161 162 163 164
161. A Human Rights Approach to Prison Management, ICPS, op. cit., note 29, pp. 59, 70-71. See also: Prison Incident Management Handbook,
United Nations Department of Peacekeeping Operations (DPKO), 2013, pp. 15 and 21 onwards; Handbook on Dynamic Security and Prison
Intelligence, UNODC, op. cit., note 160; and Human Rights and Prisons: A Manual on Human Rights Training for Prison Officials, UN Office
of the High Commissioner for Human Rights (OHCHR), vol. I, Geneva, 2005, p. 98.
162. 2nd General Report on the CPT’s activities, op. cit., note 79, para 45.
163. Handbook on Dynamic Security and Prison Intelligence, UNODC, op. cit., note 160, p. 32.
164. Instruments of restraint: Addressing risk factors to prevent torture and ill‑treatment, Penal Reform International/Association for the Prevention
of Torture, second edition, 2015, p. 1.
Guidance document on the Nelson Mandela Rules
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