MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
115
“Law enforcement officials, in their relations with persons in
custody or detention, shall not use force, except when strictly necessary for the maintenance of security and order within the institutions
or when personal safety is threatened.” UN Basic Principles on the
Use of Force and Firearms by Law Enforcement Officials, Principle
15
“Law enforcement officials, in relations with persons in custody or
detention, shall not use firearms, except in self-defence or in the
defence of others against the immediate threat of death or serious
injury, or when strictly necessary to prevent the escape of a person in
custody or detention presenting the danger referred to in principle 9”,
Use of Force and Firearms by Law Enforcement Officials, Principle
16
“Prison staff will on occasion have to use force to control violent
prisoners and, exceptionally, may even need to resort to instruments
of physical restraint. These are clearly high risk situations insofar as
the possible ill-treatment of prisoners is concerned, and as such call
for specific safeguards.
A prisoner against whom any means of force have been used
should have the right to be immediately examined and, if necessary,
treated by a medical doctor. This examination should be conducted
out of the hearing and preferably out of the sight of non-medical staff,
and the results of the examination (including any relevant statements
by the prisoner and the doctor’s conclusions) should be formally
recorded and made available to the prisoner. (…) Finally, a record
should be kept of every instance of the use of force against prisoners.”
CPT, GR 2, §53
Juveniles
“The carrying and use of weapons by personnel should be prohibited in any facility where juveniles are detained.” RPJDL, 65
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