4. RESTRICTIONS, DISCIPLINE AND SANCTIONS
WHY IS IT IMPORTANT?
It is a basic requirement of the rule of law to have a legal basis and due process in place
for disciplinary sanctions. Such sanctions are in place to ensure compliance with prison rules
and a secure, safe and well-ordered prison environment. They are not intended to impose
additional punishment on prisoners. Many problems in prisons can be resolved without
resorting to disciplinary measures.
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Disciplinary sanctions can be harmful not only to the individual concerned, but also to the
overall prison environment. Harsh sanctions can create distrust between prisoners and
staff, particularly if they are not well managed, and can lead to further problems within the
facility. As the SPT has pointed out, where disciplinary measures appeared to be applied
“arbitrarily or inconsistently”, and where prisoners “were never provided with information on
the procedure and the modalities of appeal against disciplinary measures and none of them
considered doing so”, the overall attitude was “one of resignation and fear of reprisals”.220
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Clear definition, regulation and consistent application of disciplinary sanctions increases the
acceptance of prison rules among prisoners and can act as a deterrent against infractions.
According to ICPS, “the vast majority of prisoners will welcome firm and fair management
by staff because if the staff are not in control of a prison the resulting vacuum will be filled
by strong willed prisoners”.221
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Clear and transparent regulations of restrictions and disciplinary sanctions and procedures
protect against the unnecessary, disproportionate, arbitrary or discriminatory use of such
measures. If disciplinary actions are not properly regulated and observed, there is a risk that
disciplinary sanctions are applied inconsistently and that particular prisoners or groups of
prisoners are targeted under the guise of “discipline”.
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The regulation of disciplinary procedures is also important to prevent informal systems
of punishment being administered by staff or other prisoners.
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It is important to keep a record of restrictions and disciplinary sanctions imposed on
prisoners. Such a process can safeguard against the unfair imposition of sanctions and
the use of informal punishments.
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PUTTING IT INTO PRACTICE
Regulating the use of restrictions and disciplinary sanctions
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The use of disciplinary sanctions by prison administrations needs to be based on and bound
by clear and transparent laws and regulations, which ensure the rule of law is upheld and
provide procedural safeguards for those on whom they are imposed. This ensures that only
restrictions and disciplinary sanctions enshrined in law can be imposed, and only in particular
cases that are set out in the law and regulations.
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Rule 37(d) requires that any form of involuntary separation from the general prison population
must be subject to authorization by the law, regardless of whether it reaches the threshold of
“solitary confinement”, as defined in Rule 44. The Rule makes clear that it applies irrespective
of the term used (“solitary confinement, isolation, segregation, special care units or restricted
housing”), and irrespective of whether such a measure is imposed as a disciplinary sanction
or for other reasons, such as the maintenance of order and security.
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Regulations need to clearly state that prisoners must not be subject to disciplinary sanctions
twice for the same infraction, in accordance with Rule 39(1).
220. UN Subcommittee for the Prevention of Torture, CAT/OP/UKR/1, op. cit., note 6, paras. 123 and 124.
221. A Human Rights Approach to Prison Management, ICPS, op. cit., note 29, p. 69.
Guidance document on the Nelson Mandela Rules
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