3. INCIDENT PREVENTION AND RESPONSE
– Thumb-cuffs, finger-cuffs, thumbscrews and finger-screws. These restraints fall into the category
of goods that “have no practical use other than for the purpose of capital punishment or for the
purpose of torture and other cruel, inhuman or degrading treatment or punishment”, according to
an EU regulation prohibiting the trade of such devices.170
– F ixed restraints, meaning cuffs that are “designed to be anchored to a wall, floor or ceiling”. The EU
has ruled that these restraints to have “no practical use other than for (...) the purpose of torture and
other cruel, inhuman or degrading treatment or punishment”.171 The CPT has noted that handcuffing
detained persons to fixed objects is “is a matter of longstanding concern” and has called upon
authorities to remove fixtures such as metal rings and floor to ceiling bars that are clearly designed
for this purpose.172
–C
age beds and net beds meaning beds comprising a cage (four sides and a ceiling) or similar
structures enclosing a human being within the confines of the bed, the ceiling or one or more of
the sides of which are fitted with metal or other bars, and which can only be opened from outside
(cage beds). The definition also includes similar structures where the ceiling or one or more sides
of which are fitted with nets, and which can only be opened from outside (net beds). The EU has
stated that “[C]age beds and net beds are not an appropriate means for restraining patients or
prisoners.”173 Trade in these items has also been prohibited by the EU.
3
–R
estraint chairs, shackle boards and shackle beds, meaning chairs, boards or beds fitted with
shackles or other devices to restrain a human being should be abolished altogether according to
the UNCAT, which has stated that “their use almost invariably leads to breaches of article 16 of the
Convention [on cruel, inhuman or degrading treatment]”.174 The EU has noted that “[R]estraint chairs,
shackle boards and shackle beds restrict movement of the prisoner much more than simultaneous
application of, e.g. handcuffs and ankle cuffs. The inherent risk of torture or inhuman treatment
increases when this restraining technique is applied for longer periods. It is therefore necessary to
prohibit the trade in restraint chairs, shackle boards and shackle beds with an exception for chairs
only fitted with straps or belts.” 175
82
– E lectric-shock weapons, meaning portable electric shock devices, including but not limited to,
electric shock batons, electric shock shields, stun guns and electric shock dart guns and electric
shock devices have also been condemned by a number of bodies, including the UNCAT, the UN
Special Rapporteur on torture and the CPT.176 The EU requires an export authorization for portable
electric shock devices and has prohibited the export and import of electric-shock belts designed for
restraining human beings by the administration of electric shocks.177
Less intrusive instruments of restraint
11
International law permits the use of restraints only in the very narrow circumstances detailed
in Rule 47. Any use of restraint must be in accordance with the principles of legality, necessity
and proportionality and as a measure of last resort, when other methods have failed.
Whenever possible, authorities should instead use de-escalation, mediation and alternative
dispute resolution mechanisms (see Rule 38(1)).
12
Dynamic security approaches help prevent situations in which prison staff need to use
instruments of restraint, force or arms. In well-managed facilities, prison staff will be able
to detect many of the risks (escape, suicide and violent tendencies) at an early stage and
be in a position to make well-timed interventions.
170. Council Regulation 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel,
inhuman or degrading treatment or punishment, European Union, article 5 in connection with Annex III; and Regulation No 775/2014, European Union,
op. cit., note 168, para. 6.
171. Regulation No 775/2014, European Union, op. cit., note 168, Annex II, para. 2.4.
172. Report to the Government of the Slovak Republic on the visit carried out by European Committee for the Prevention of Torture, 11 February 2010,
8-19 November 1999; 1-19 May 2000, CPT/Inf(2010) 1, para. 22.
173. Regulation No 775/2014, European Union, op. cit., note 168, para. 12 and Annex II, para. 2.7 and 2.8.
174. Report of the UN Committee against Torture (UN CAT), Consideration of reports submitted by States Parties under article 19 of the Convention,
A/55/44, Chapter IV. M para. 180(c).
175. Regulation No 775/2014, European Union, op. cit., note 168, para. 12 and Annex II, para. 2.5 and 2.6.
176. See for example: UN CAT, A/55/44, op. cit., note 174, para. 179(e); Report of the Special Rapporteur on Torture, A/68/295, op. cit. note 57, para. 58;
20th General Report of the CPT, Council of Europe, 26 October 2010, paras. 65-84.
177. Council Regulation 1236/2005, European Union, op. cit., note 170, Articles 3 and 4 of Annex II and Article 5 of Annex III; and Regulation No 775/2014,
European Union, op. cit., note 168, para. 16.
Guidance document on the Nelson Mandela Rules
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