26 LAW-ENFORCEMENT EQUIPMENT IN CENTRAL ASIA AND THE SOUTH CAUCASUS
also stated that the use of certain electric-shock devices may amount to
torture.66 Furthermore, rules 47, 48 and 49 of the UN Standard Minimum
Rules for the Treatment of Prisoners (SMR) (Mandela Rules) as updated,
adopted by the Commission on Crime Prevention and Criminal Justice
(CCPCJ) on the 22 May 2015, due to be adopted by the UN General Assembly
at the end of 2015, state the following.67
Rule 47
(1) The use of chains or irons or other instruments of restraint which are inherently
degrading or painful shall be prohibited.
(2) Other instruments of restraint shall only be used when authorised by law and in
the following circumstances:
(a) as a precaution against escape during a transfer provided that they are removed
when the prisoner appears before a judicial or administrative authority;
(b) By order of the prison director, if other methods of control fail, in order to prevent
a prisoner from injuring himself or herself or others or from damaging property; in
such instances, the director shall immediately alert the physician or other qualified
health-care professionals and report to the higher administrative authority.
Rule 48
1. When the imposition of instruments of restraint is authorized in accordance with
paragraph 2 of rule 47, the following principles shall apply:
(a) Instruments of restraint are to be imposed only when no lesser form of control
would be effective to address the risks posed by unrestricted movement;
(b) The method of restraint shall be the least intrusive method that is necessary and
reasonably available to control the prisoner’s movement, based on the level and
nature of the risks posed;
(c) Instruments of restraint shall be imposed only for the time period required, and
they are to be removed as soon as possible after the risks posed by unrestricted
movement are no longer present.
2. Instruments of restraint shall never be used on women during labour, during
childbirth and immediately after childbirth.
66 CAT’s 2007 report on Portugal made the following recommendations in relation to the introduction
of the Taser X26 projectile electric-shock weapon: ‘The Committee is deeply concerned about the recent
purchase by the State party of electric “TaserX26” weapons for distribution to the Lisbon Metropolitan
Command, the Direct Action Corps, the Special Operations Group and the Personal Security Corps. The
Committee is concerned that the use of these weapons causes severe pain constituting a form of torture,
and that in some cases it may even cause death, as recent developments have shown (arts. 1 and 16). The
State party should consider relinquishing the use of electric “TaserX26” weapons, the impact of which
on the physical and mental state of targeted persons would appear to violate articles 1 and 16 of the
Convention.’ Committee Against Torture, 39th session, Geneva, 5–23 Nov. 2007, Consideration of
Reports Submitted by States Parties, Under Article 19 Of the Convention, Conclusions and
Recommendations
of
the
Committee
Against
Torture,
Portugal,
<http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fPRT
%2fCO%2f4&Lang=en>.
67 UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules),
<http://www.penalreform.org/wp-content/uploads/2015/05/MANDELA-RULES.pdf>.
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