MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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record should be kept of every instance of the use of force against
prisoners.” CPT, GR 2, §53
See also ACPR, A-5; IDRCPDL, art. 46 and EPR, Rule 39.
Juveniles
“Recourse to instruments of restraint and to force for any purpose
should be prohibited, except as set forth in rule 64 below.” RPJDL, 63
“Instruments of restraint and force can only be used in exceptional
cases, where all other control methods have been exhausted and
failed, and only as explicitly authorized and specified by law and
regulation. They should not cause humiliation or degradation, and
should be used restrictively and only for the shortest possible period
of time. By order of the director of the administration, such instruments might be resorted to in order to prevent the juvenile from
inflicting self-injury, injuries to others or serious destruction of
property. In such instances, the director should at once consult
medical and other relevant personnel and report to the higher administrative authority.” RPJDL, 64
Comments
Some means of restraint are absolutely forbidden.
All permitted means of constraint should be resorted to on an
exceptional basis. They should never be used as a disciplinary
sanction. Furthermore, they must be accompanied by a series of
guarantees:
■
Prisoners should be restrained for the minimum time necessary;
■
The use of means of constraint (or force) must be recorded in a
register;
■
The director must be informed immediately.
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