take into places of detention, with key observations and questions that can usefully be posed at different locations in the detention centre (e.g. when in the armoury, when on tour of the prison, when speaking to detainees and staff). The pocket-guide aims to relay, in a user-friendly format, some of the key questions and observations listed in Parts 1 and 2. However, given space limitations it does not include the full list of questions and observations detailed within, so should ideally be consulted together with the rest of this document. Finally, a list of useful resources is provided in Section 4. Section 1: Absolute Prohibitions Section 1.1: Weapons and restraints whose use is prohibited in places of detention. Restraints: Rule 47 of the Nelson Mandela Rules prohibits the use of ‘chains, irons or other instruments of restraint which are inherently degrading or painful’. Whilst there is no agreed definition of chains, irons or ‘inherently degrading or painful’ restraints in the Nelson Mandela Rules, it seems likely that this includes: • Weighted restraints. The former UN Special Rapporteur on Torture (2006), on his mission to China, has noted that the practice of applying ‘leg irons weighing approximately 3 kg, 24 hours per day and in all circumstances’ is inhuman and degrading. The UNODC and UNOHCHR Resource Book on the Use of Force and Firearms in Law Enforcement (2017, henceforth referred to as the UNODC / UNOHCHR Resource Book), also notes that ‘there should be an absolute prohibition on weighted restraints’. • Restraints which have a fixed, rigid bar between cuffs. For example, leg restraints which have ‘an iron bar riveted to shackles, keeping the prisoner’s legs permanently apart at the bar’s length’ have been described as ‘inherently inhuman and degrading’ by the former UN Special Rapporteur on Torture (2003, paragraph 9). • Restraints where the cuff cannot be adjusted (i.e. where the size of the cuff is fixed). For example the UNODC and UNOHCHR (2017) note that ‘there should be an absolute prohibition on… nonadjustable (restraints) such as fixed rings’. • Thumb-cuffs, finger-cuffs, thumbscrews and finger-screws. The UN Special Rapporteur on Torture (2017, point 51) cites thumb and finger-cuffs and screws as examples of ‘inherently cruel, inhuman or degrading weapons’. The EC Regulation 1236/2005 and amendments, henceforth referred to as the EU Torture Regulation, is a regional trade regulation which prohibits the import and export of goods with ‘no practical use other than for the purpose of capital punishment or for the purpose of torture and other cruel, inhuman or degrading treatment or punishment’. It defines these restraints as falling in that category. • Fixed restraints – that is, cuffs ‘designed to be anchored to a wall, floor or ceiling’. The EU Torture Regulation has deemed these restraints to have ‘no practical use other than for… the purpose of torture and other cruel, inhuman or degrading treatment or punishment’. The Committee for the Prevention of Torture (CPT) noted that handcuffing detained persons to ‘fixed objects’ is a ‘matter of long-standing concern’ and has called upon authorities to remove ‘fixtures such as metal rings and floor to ceiling bars clearly designed for this purpose’ (CPT 2010: 15 - 16). • Cage beds and net beds. The European Union has ruled these restraints to have ‘no practical use other than for the purpose of torture and other cruel, inhuman or degrading treatment or punishment’ (EU Torture Regulation) and the CPT (2017: 3) has stated, in its Revised CPT Standards for Means of Restraint in Psychiatric Establishments for Adults that ‘the use of net (or cage) beds should be prohibited under all circumstances’. • Restraint chairs, shackle boards and shackle beds (chairs, boards or beds fitted with shackles or other devices to restrain a human being). The Special Rapporteur on Torture (2014) has noted that restraint chairs are ‘inherently inhuman, degrading or painful’ and the European Union has noted that the trade in ‘restraint chairs, shackle boards and shackle beds’ should be prohibited, given the ‘inherent risk of torture or inhuman treatment’, although there is an exception for ‘chairs, boards and beds fitted exclusively with straps or belts… as in certain circumstances their use may be justified for short periods of time’ (EU Torture Regulation). Weapons: • Body worn electric-shock weapons (equipment designed to be worn on the body, often around the arm, leg, or waist, which delivers an electric-shock by remote control) have been deemed inappropriate for use by a number of bodies including the UN Committee Against Torture, the Special Rapporteur on Torture and the CPT (Committee Against Torture 2000; UN Special Rapporteur on Torture 2017; Council of Europe 2010). • Spiked batons and spiked shields. The UN Special Rapporteur on Torture (2017, point 51), cites spiked batons and spiked shields as an example of ‘inherently cruel, inhuman or degrading weapons’. The European Union (EU Torture Regulation) state that they have ‘no practical use other than for… the purpose of torture and other cruel, inhuman or degrading treatment or punishment’. Certain whips, specifically those with multiple lashes or thongs, and those fitted with ‘barbs, hooks, spikes, metal wire or similar objects enhancing the impact of the lash or thong’ are also deemed to fall into this category. (As the EU Regulation is a trade control regulation, it does not prohibit the trade in whips altogether, but this should not be taken as implying that whips have a legitimate role in places of detention). 7

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