officially approved procedures of the mental health facility and
only when it is the only means available to prevent immediate or
imminent harm to the patient or others. It shall not be prolonged
beyond the period which is strictly necessary for this purpose… A
patient who is restrained or secluded shall be kept under humane
conditions and be under the care and close and regular supervision
of qualified members of the staff’ (Principle 11).
More recently the CPT (2017), in their Revised Standards for
the Means of Restraint in Psychiatric Establishments for Adults
have stressed that ‘means of restraint should always be applied in
accordance with the principles of legality, necessity, proportionality
and accountability... Patients should only be restrained as a measure
of last resort (ultimo ratio) to prevent imminent harm to themselves or
others and restraints should always be used for the shortest possible
time. When the emergency situation resulting in the application of
restraint ceases to exist, the patient should be released immediately….
Means of restraint should never be used as punishment, for the
mere convenience of staff, because of staff shortages or to replace
proper care or treatment’. The CPT Standards (2017: 4) also state
that ‘preference should be given to the least restrictive and least
dangerous restraint measure. When choosing among available
restraint measures, factors such as the patient’s opinion (including
any preferences expressed in advance) and previous experience
should as far as possible be taken into account’.
It should also be noted that the Nelson Mandela Rules (Rule 48)
prohibit the use of instruments of restraints on ‘women during
labour, during childbirth and immediately after childbirth’.
Which restraints may be considered for application:
The UNODC/OHCHR Resource book notes that ‘metal limb restraints,
such as leg cuffs or chains that connect the limbs with chains to
handcuffs and belts, should be avoided. Soft restraints should
always be preferred’. Similarly, the CPT Standards for the Means
of Restraint in Psychiatric Establishments for Adults note that, ‘for
the purpose of mechanical restraint, only equipment designed to
limit harmful effects (preferably, padded cloth straps) should be
used in order to minimise the risk of the patient sustaining injury
and/or suffering pain. Handcuffs or chains should never be used to
immobilise a patient. Patients under restraint should always be face
up with the arms positioned down. Straps must not be too tight
and should be applied in a manner that allows for the maximum
safe movement of the arms and legs. The vital functions of the
patient, such as respiration and the ability to communicate, must
not be hampered’.
Checklist for detention monitors: the use of restraints
Prohibited uses of restraints:
When and what kind of restraints are applied:
Are restraints used in circumstances other than i)
during transfer (as a precaution against escape),
ii) in order to prevent an individual harming
themselves or others, iii) in order to prevent the
individual damaging property?
6)
Are metal or soft / fabric / padded restraints used?
7)
Are the number and type of restraints applied the
least intrusive option (that is reasonably available,
and in light of the particular risks posed)?
2)
Is the use of restraints routine, rather than an
exceptional measure?
8)
Is the detainee kept under constant and adequate
supervision?
3)
Are restraints ever used in circumstances where
the incident could have been resolved without
their use (i.e. where lesser forms of control could
have been used instead)?
9)
Are they removed as soon as possible, once their
use is no longer necessary?
1)
4)
Are restraints ever applied as a punishment, or
on women during labour, during childbirth, or
immediately after?
5)
Are restraints used to hog-tie individuals?
10) Are they removed when the prisoner appears
before a judicial or administrative authority?
11) Are qualified health-care professionals and higher
administrative authorities informed? (Please see
the next section for more details).
19
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