46
34.
The question of the use of force and means of restraint arises from the moment the
detainee concerned is taken out of the cell in which he/she is being held pending deportation
(whether that cell is located on airport premises, in a holding facility, in a prison or a police
station). The techniques used by escort personnel to immobilise the person to whom means of
physical restraint – such as steel handcuffs or plastic strips – are to be applied deserve special
attention. In most cases, the detainee will be in full possession of his/her physical faculties
and able to resist handcuffing violently. In cases where resistance is encountered, escort staff
usually immobilise the detainee completely on the ground, face down, in order to put on the
handcuffs. Keeping a detainee in such a position, in particular with escort staff putting their
weight on various parts of the body (pressure on the ribcage, knees on the back,
immobilisation of the neck) when the person concerned puts up a struggle, entails a risk of
positional asphyxia1.
There is a similar risk when a deportee, having been placed on a seat in the aircraft,
struggles and the escort staff, by applying force, oblige him/her to bend forward, head
between the knees, thus strongly compressing the ribcage. In some countries, the use of force
to make the person concerned bend double in this way in the passenger seat is, as a rule,
prohibited, this method of immobilisation being permitted only if it is absolutely
indispensable in order to carry out a specific, brief, authorised operation, such as putting on,
checking or taking off handcuffs, and only for the duration strictly necessary for this purpose.
The CPT has made it clear that the use of force and/or means of restraint capable
of causing positional asphyxia should be avoided whenever possible and that any such
use in exceptional circumstances must be the subject of guidelines designed to reduce to
a minimum the risks to the health of the person concerned.
35.
The CPT has noted with interest the directives in force in certain countries,
according to which means of restraint must be removed during the flight (as soon as take-off
has been completed). If, exceptionally, the means of restraint had to be left in place, because
the deportee continued to act aggressively, the escort staff were instructed to cover the
foreigner’s limbs with a blanket (such as that normally issued to passengers), so as to conceal
the means of restraint from other passengers.
On the other hand, instructions such as those followed until recently in one of the
countries visited in connection with the most problematic deportation operations, whereby the
persons concerned were made to wear nappies and prevented from using the toilet throughout
the flight on account of their presumed dangerousness, can only lead to a degrading situation.
1
See, in particular, “Positional Asphyxia – Sudden Death”, US Department of Justice, June
1995, and the proceedings of the “Safer Restraint” Conference held in London in April 2002 under the
aegis of the UK Police Complaints Authority (cf. www.pca.gov.uk).
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