MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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unofficial (and uncontrolled) systems developing. Disciplinary procedures should provide prisoners with a right to be heard on the subject
of the offences it is alleged they have committed, and to appeal to a
higher authority against any sanctions imposed.
2
Other procedures often exist, alongside the formal disciplinary
procedure, under which a prisoner may be involuntarily separated
from other inmates for discipline-related/security reasons (e.g. in the
interests of ’good order’ within an establishment). These procedures
should also be accompanied by effective safeguards. The prisoner
should be informed of the reasons for the measure taken against him,
unless security requirements dictate otherwise, be given an opportunity to present his views on the matter, and be able to contest the
measure before an appropriate authority.” CPT, GR 2, §55
See also ACPR A-3, A-6, A-12, and IDRCPDL art. 47 para. 1 and
art. 49.
Comments
Visiting mechanisms should examine whether the system of punishment is formalised in a clear set of rules conveyed to and understood by staff and prisoners; and whether the list of all acts
constituting breaches of discipline is published. Mechanisms should
consider whether the rules are explicit not only on what constitutes
an offence but also the ensuing punishment; the hierarchical level
which may impose the disciplinary sanctions; and the procedure by
which the sanctioned person can make his/her viewpoint heard, and
appeal.
The mechanism will be interested in the manner in which the rules
are conveyed and where they are displayed.
The mechanism will also be concerned by the nature of the disciplinary rules (are they founded on the principle of proportionality
between the need for order and smooth organisation and the need to
respect the dignity of individuals).
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