5. Mechanical restraints
One of the most common types of law enforcement equipment, mechanical restraints are
applied to the body to restrict the movement of an individual. The Omega Research
Foundation recognises that certain forms of mechanical restraint such as handcuffs, leg/ankle
restraints and other restraints are sometimes needed by law enforcement officials to control
individuals or to protect them from committing harm to themselves or others.
However, the circumstances and limits within which restraints are used should be consistent
with international and regional human rights standards. These standards absolutely prohibit
torture and ill-treatment and specify that legitimate restraints may be used only when other
measures are ineffective and only for as long as is strictly necessary. Of particular importance
are the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), Rule 43 of which states that “instruments of restraint shall never be applied as a
sanction for disciplinary offences” 132 In addition, Rule 47 states that “the use of chains, irons
or other instruments of restraint which are inherently degrading or painful shall be
prohibited” and that “other instruments of restraint shall only be used when authorized by
law” and only in certain circumstances 133. Similar restrictions on the employment of
restraints have been established under the European Prison Rules which were adopted by the
Committee of Ministers of the CoE on 11 January 2006.134
5.1. Standard handcuffs and leg restraints
Standard handcuffs consist of two wrist cuffs, adjustable by a ratchet, joined together by a
short chain that allows a limited degree of movement. Other types, including hinged and rigid
handcuffs (i.e. those that are joined by a rigid bar, rather than a chain) allow a lesser degree
of movement. Single-locking handcuffs can be progressively tightened through the ratchet,
whereas double-locking handcuffs are designed to prevent over-tightening. Rigid and singlelocking handcuffs pose a greater risk of injury and abuse than other types, however all
handcuffs can be used abusively.
Leg or ankle cuffs should incorporate a light-weight chain - of sufficient length to allow
comfortable movement of the legs - linking two lightweight adjustable ankle cuffs. They
should never have a rigid bar or a heavy chain. Such a design can minimize unnecessary
discomfort and if used strictly in conformity with regional and international human rights
standards can have a legitimate use in law enforcement in exceptional cases. A range of
fabric leg restraints have also been developed. If appropriately tested and selected in line with
human rights standards, fabric restraints could provide a more humane, yet effective,
alternative to the use of ‘metal on skin’.
132
UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), United General
Assembly resolution 70/175, annex, adopted on 17 December 2015, Rule 43.
133
UN, UN Standard Minimum Rules for the Treatment of Prisoners (17 December 2015) op.cit., Rule 47. The
specific circumstances detailed are: (a) As a precaution against escape during a transfer, provided that they are
removed when the prisoner appears before a judicial or administrative authority; (b) By order of the prison
director, if other methods of control fail, in order to prevent a prisoner from injuring himself or herself or
others or from damaging property…”
134
Council of Europe, Recommendation of the Committee of Ministers to member States on the European
Prison Rules, adopted by Committee of Ministers on 11th January 2006 at 952nd meeting of the Ministers’
Deputies
32
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