MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
93
in practice; any grey zones in this area involve the risk of seeing unofficial (and uncontrolled) systems developing. Disciplinary procedures
should provide prisoners with a right to be heard on the subject of the
offences it is alleged they have committed, and to appeal to a higher
authority against any sanctions imposed.
Other procedures often exist, alongside the formal disciplinary
procedure, under which a prisoner may be involuntarily separated
from other inmates for discipline-related/security reasons (e.g. in the
interests of ‘good order’ within an establishment). These procedures
should also be accompanied by effective safeguards. The prisoner
should be informed of the reasons for the measure taken against him,
unless security requirements dictate otherwise, be given an opportunity to present his views on the matter, and be able to contest the
measure before an appropriate authority.” CPT, GR 2, §55
Comments
The disciplinary rules must be founded on the principle of proportionality between the need for order and smooth organisation within
the place and the need to respect the dignity of the individuals.
The rules must be explicit not only on what constitutes an offence
but also on the ensuing punishment, the hierarchical level which
imposes the disciplinary sanctions, and the procedure by which the
person can make his/her viewpoint heard and appeal if wished. The
rules must be made known orally and in writing in the languages
understood by those detained. They must be displayed in areas accessible to all.
Disciplinary proceedings should, as much as possible, comply
with due process guarantees. For example, if the right to be heard
does not necessarily imply the right to be represented by a lawyer,
legal representation in disciplinary hearings should be encouraged.
Disciplinary sanctions become ill-treatment if they are dispropor-
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents