hyperextended position)”. In this case the delegation saw such hooks in the police
establishment which was referred to in the allegation concerned.184
Germany
In its 2014 visit, the CPT recorded that at Tegel Prison, inmates were subjected to Fixierung,
pending their transfer to the prison hospital, by being shackled with broad metal handcuffs to
metal rings on a platform covered with a mattress and their legs being immobilised with
leather belts. The CPT noted that the prison doctor expressed concern about the potentially
harmful effects of such restraint devices. The delegation was informed by the management
that the prison administration of Berlin had very recently decided to stop the use of handcuffs
for the purpose of Fixierung and to replace them with soft cloth straps.185 In its 2015 visit, the
CPT delegation highlighted its concerns that “persons were still being subjected
to Fixierung in police establishments in several … Länder, despite the specific
recommendation repeatedly made by the Committee to put an end to the resort
to Fixierung in police establishments throughout Germany.”186 It further noted with concern
that, “at Munich Police Headquarters, persons who were highly agitated or presented a risk
of self-harm were on occasion shackled by metal cuffs on their left wrist or ankle to an iron
ring fixed to the wall inside a security cell; in some cases, a body belt was applied to the
person, the back of which was then attached with handcuffs to that ring.”187
Russian Federation
In its 2013 report, the CPT highlighted the use of “handcuffs fixed to the wall” at the
Temporary Detention Isolator (IVS) No. 1 of the Kazan Internal Affairs Directorate, in the
Republic of Tartarstan. The CPT stated that whilst the “use of handcuffs may be justified
when a person in custody was acting in a highly agitated or violent manner…the person
concerned should not be shackled to a wall or fixed objects but rather be kept under close
supervision in an appropriate setting.” The CPT consequently recommended that “the
Russian authorities take measures to ensure that this apparatus is removed from the IVS No.
1 in Kazan, as well as from any other establishments in which similar devices have been
installed”.188 The CPT delegation also recorded the practice in the same institution of
handcuffing life sentenced prisoners, to a ring fixed to the wall during medical examinations
and while being provided with dental care. The CPT considered such a practice to infringe
upon the dignity of the prisoners concerned, prohibited the development of a proper doctorpatient relationship, was possibly detrimental to the establishment of an objective medical
finding; and consequently should be halted.189
While it is unclear exactly what equipment is employed in some of these countries (i.e. a
specially designed wall cuff or a pair of conventional handcuffs), the practice of cuffing to
walls or other fixed objects should be prohibited regardless of the type of cuffs used.
184
CPT (29 January 2015) op.cit., paragraph 13.
CPT (24 July 2014) op.cit., paragraph 43.
186
CPT (1 June 2017) op.cit., paragraph 33.
187
CPT (1 June 2017) op.cit., paragraph 34.
188
CPT (17 December 2013) op.cit., paragraph 52.
189
CPT (17 December 2013) op.cit., paragraph 112.
185
38
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