MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
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“The patterns and manner of use of the instruments of restraint
authorised in the preceding paragraph shall be decided by law or regulation. Such instruments must not be applied for any longer time than
is strictly necessary.” EPR, Rule 40
“Prison staff will on occasion have to use force to control violent
prisoners and, exceptionally, may even need to resort to instruments
of physical restraint. These are clearly high risk situations insofar as
the possible ill-treatment of prisoners is concerned, and as such call
for specific safeguards.
A prisoner against whom any means of force have been used
should have the right to be immediately examined and, if necessary,
treated by a medical doctor. This examination should be conducted
out of the hearing and preferably out of the sight of non-medical staff,
and the results of the examination (including any relevant statements
by the prisoner and the doctor's conclusions) should be formally
recorded and made available to the prisoner. In those rare cases when
resort to instruments of physical restraint is required, the prisoner
concerned should be kept under constant and adequate supervision.
Further, instruments of restraint should be removed at the earliest possible opportunity; they should never be applied, or their application
prolonged, as a punishment. Finally, a record should be kept of every
instance of the use of force against prisoners.” CPT, GR 2, §53
“(1) Staff of the institutions shall not use force against prisoners
except in self-defence or in cases of attempted escape, or active or
passive physical resistance to an order based on law or regulations.
Staff who have recourse to force must use no more than is strictly
necessary and must report the incident immediately to the director of
the institution.” EPR, Rule 63
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