Section three The use of force and restraint The European Court of Human Rights has often said that recourse to physical force against a detainee that has not been made strictly necessary by their own conduct diminishes human dignity. It is therefore essential that the use of force against a detainee, or the application of restraints, be done with great caution and in limited circumstances. Force or restraint must only be used when it is necessary, proportionate, as a last resort and in accordance with the law. While the use of force or the application of restraints may vary from one type of detention to another, monitoring force and restraint forms a key component of visits to all places of detention by members of the NPM. Discussions between NPM members have regularly identified force and restraint as an area of concern. As a result, the NPM members participated in a workshop in March 2012 to identify common concerns, share information about how best to monitor force and restraint and what to look for during visits, and highlight good practice in managing detainees and their behaviour.7 Definition Various definitions of force or restraint have been suggested but what is clear is that the terms cover a wide range of actions or equipment that restrict a detainee’s freedom of movement or exercise of free will. In some types of detention, the use of a ‘guiding hand’ may be considered force (for example, where a member of staff places a hand on the detainee’s elbow to guide them to, or remove them from, a particular location). At the other end of the spectrum, force may include the use of incapacitant spray or an electroshock weapon. The following categories of force or restraint illustrate the broad range of actions covered (some actions may fall within more than one category): • physical – using physical force without equipment • mechanical – using equipment such as handcuffs or leg restraints • chemical – using medication to restrain a detainee • environmental – for example, using seclusion to restrict a detainee’s movement • technological – for example, using electronic tagging, pressure pads or alarms to alert staff to a detainee’s movements • psychological – for example, repeatedly telling someone, especially a vulnerable person, that they are not allowed to do something or that it is dangerous, or depriving a detainee of something that is necessary for what they want to do, such as a walking aid.8 7 The NPM is grateful to the Human Rights Implementation Centre at the University of Bristol for its assistance in hosting and funding this workshop. 8 These categories were adapted in part from Royal College of Nursing, ‘Let’s talk about restraint’ Rights, risks and responsibility (2008). 19