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).
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