17
Selected topics from 2015
The use of coercive
measures during deprivation
of liberty
All of the sectors that were visited in 2015 had the right to use coercive
measures. However, the use of such measures is subject to strict conditions.
In the course of 2015, the NPM identified several challenges found across
sectors, and some that were specific to particular types of institutions.
The most commonly used coercive measures
were security cells and restraint beds in prisons,
handcuffs (during arrest and until detention) in
police custody facilities; security cells, handcuffs
and the restraining system known as BodyCuff at
the police immigration detention centre at Trandum,
and restraint beds and injections of short-acting
medication in mental health care institutions.
" Coercive measures are never to be
used as treatment or punishment "
Strict conditions
According to human rights standards, encroachments on personal integrity must comply with
legality, necessity and proportionality requirements.
Coercive measures can be used to prevent an acute
and serious situation that endangers the life and
health of the person subject to coercive measures or
persons nearby. In some cases, it is also possible to
use coercive measures to prevent significant material
damage. Coercive measures are never to be used
as treatment or punishment. The strict conditions
reflect that coercive measures represent a major
encroachment on an individual’s personal integrity.
From a preventive perspective, the use of coercive
measures entails a clear risk of violating the prohibition against torture and ill-treatment. The NPM therefore always investigates what coercive measures are
available at each place of detention, what the practice
is for their use, for how long and how often are they
used, how their use is documented, the possibility to
file complaints, and how those deprived of their liberty
feel about being subjected to coercive measures.
" From a preventive perspective,
the use of coercive measures entails
a clear risk of violating the prohibition
against torture and ill-treatment "
Security cells
Security cells are used both in prisons and at the immigration detention centre at Trandum. The security
cells are usually the same size as a police custody
cell, but are slightly smaller at Trandum. Apart from
a squat toilet in the floor and a mattress, the security
cells have no furniture etc. Food and drinks are often
inserted through a hatch by the floor. The Parliamentary Ombudsman expressed concern about, among
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