decision of the prison administration and that these decisions were not subject to appeal. Segregation should not be a
permanent condition for any prisoner, but should be used only as a temporary measure imposed as a last resort for a
short period of time and under appropriate judicial or other oversight. The SPT recommends that the placement of
prisoners in Unit 1 be subject to appeal. The SPT also recommends that the situation of anyone under isolation or other
extreme restrictions be reviewed regularly with a view to moving them progressively to less restrictive custody.
10. Response to the incidents in Maafushi prison in June and December 2007
199.In discussions with the authorities the SPT was informed that security for both the staff and the prisoners remained a serious issue
in both prison establishments. The delegation was informed by the authorities that, in the course of 2007, two major incidents
happened in the Maafushi main prison establishment, one on 5th June and the second in December at the time of the SPT visit. On
both occasions, the prisoners were reportedly well organized and were in possession of various items, including cell phones.
200.The SPT was informed that the reason for the first incident was the absence of any rehabilitation programs or activities. The
authorities recognized that at the time there were practically no jobs available; only three or four out of 700 prisoners were offered
work (laundry and dish-washing). The delegation was informed that the riot showed the authorities the need to organize work and
other activities for prisoners. According to the prison administration, the reason for the second incident was the collective cancellation
of family visits for prisoners.
201.The SPT is concerned about the manner in which the ESG staff and the police responded to the rioting. According to accounts
received by the delegation from the prisoners interviewed the search procedures after a mass transfer of prisoners from one unit to
another were conducted in a humiliating way: prisoners were allegedly blindfolded during the transfers and strip searched in front of
groups of security staff.
202.The SPT is of the view, that even under very difficult security conditions, it is incumbent upon the prison authorities
to respect the dignity of people deprived of their liberty. The SPT recommends that the authorities put in place a
proactive strategy for effective management of prison institutions to address the roots causes of the incidents, to replace
the existing reactive approach. The SPT considers that such measures should include, among others, organizing work
and other activities for prisoners. The SPT further recommends that managers should be seen daily in the prisons and go
among staff and prisoners, exercising direct supervision of staff and checking what is happening in all areas of the
prisons. Managers should lead by example and promote dynamic security, with a view to increasing safety for all and
preventing ill-treatment.
11. Use of force and restraint
203.The SPT considers that it is part of the tasks of the prison staff to defuse situations which have the potential to escalate into
serious incidents. Resort to the use of force in prisons should only occur in response to occurrences involving risks to staff or
prisoners which the staff has been unable to avert.
204.During the brief visit, the delegation focused on the use of force by the Emergency Support Group (ESG). In the discussions with
the head of the ESG, the delegation was informed that this team of special security forces was composed of 60 officers. Out of this
number, 37 had been trained already, whereas the remaining 23 staff officers were still being trained at the time of the SPT visit. Most
of their training was aimed at confidence building, restraining techniques, body searches and removal of agitated prisoners. The
delegation noted thatno training was provided on inter-personal skills.
205.The delegation was informed that members of the ESG were ordinary prison staff members who were trained to respond to
emergency situations. They were not intended to enter into daily direct contact with prisoners but were called in to respond to serious
incidents, such as the June and the December riots. Standard equipment for the ESG included pepper sprays, wooden batons, but no
arms or stun guns. Some officers have Bianchi batons, and some would have PR24 batons soon. The delegation gained the
impression that the ESG was particularly feared by the prisoners.
206.Apart from a report made available to the delegation on the June incident, there appears not to be any special
register on the use of force by the prison guards or the ESG staff. The SPT considers that strict recording of all incidents
entailing a risk of ill-treatment is an important safeguard for the prisoners and a tool to ensure proper oversight of all
events where use of force and restraint have been deemed necessary. The SPT recommends that a specific register be
introduced and maintained, where all incidents involving use of force would be systematically recorded. These records
should include, at least, the following: date and nature of the incident, nature of restraint or force, duration, reasons,
persons involved and authorization of the use of force.
207.The delegation also heard several accounts of use of handcuffs in particularly humiliating and painful way, for
purposes of punishment and control. The delegation is also concerned about the alleged use of restraints as a security
measure to respond to incidents. The SPT emphasizes that discipline and order should be maintained with no more
restriction than it is necessary for safe custody and well-ordered prison life. Instruments of restraints, such as handcuffs,
should never be applied as punishment. The SPT recommends that the practice of using handcuffing as a means of
punishment be eliminated immediately.
208.The June and December incidents in Maafushi as well as the response of the prison staff to those incidents suggest, that there is a
need for greater oversight of responses to incidents in prison. There are risks attached to the use in prisons of special intervention
teams made up of staff who do not have sustained daily working relations with prisoners and therefore have no stake in maintaining
positive staff/prisoner relations when conflict arises. The SPT considers that incidents in prison should in principle be resolved by
prison staff who regularly work with prisoners; the focus should be on dynamic security.
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