DETENTION MONITORING TOOL FACTSHEET
In April 2016, a 38-year-old inmate of Milwaukee
County Jail, Wisconsin, died of dehydration
because water to his cell was shut off for seven
days as a punishment. Prosecutors not only charged
the two officers who were said to be directly
responsible, but also the former director of the
facility for failing to preserve a surveillance video
and lying to the police; if convicted, she could face
more than four years in prison.38
• Has an independent authority undertaken an
investigation into every serious injury in custody
in line with international standards?
Serious injuries in custody
• Are measures in place to prevent
avoidable injuries?
International instruments do not conclusively define the
types of injuries that can be regarded as constituting
‘serious injuries’. National norms on ‘serious bodily harm’
or similar provisions39 can provide guidance for decisions
on which injuries fall into this category. Typically, the
loss of limbs, fractures, injuries to inner organs and
crushes, burns or severe cuts that require hospitalisation
are regarded as being serious. Additionally, injuries
sustained through rape and other sexual violence can
be considered to constitute serious injuries.40
Prison staff are obliged to administer first aid and
organise urgent medical care for the injured person,
e.g. by calling an ambulance. At all times, including at
night time and during weekends, an adequate number
of staff trained in administering first aid should be present
in the detention facility.41
If a serious injury is detected, similar recording and
reporting obligations apply as outlined above in cases
of death; any evidence must be secured and witnesses
to the event identified and protected. Serious injuries
could be indicative of ill-treatment or of a criminal act
by another prisoner or non-State party (e.g. a service
provider in prison) and must therefore trigger a prompt
and independent investigation. As with deaths in prison,
the occurrence of serious injuries should be scrutinised
with a view to preventing them in the future.
What could monitoring bodies check?
• Are there guarantees that a sufficient number
of staff members trained in first aid are present
on the premises at all times?
• Have all persons who suffered a serious injury
in prison received urgent medical care?
• Have all cases of serious injuries in custody been
registered within individual prisons and in a
centralised manner?
• Is a regulation in place guiding the prison staff
regarding their duties and required actions in
case of a serious injury in custody? Are the prison
administration and staff aware of and trained on
the regulation?
• Has the prison administration reported without
delay all cases of serious injuries in custody to
the relevant internal and external authorities?
• Has the prison administration secured
evidence and cooperated with the investigative
authorities?
• Is an internal procedure in place to identify
lessons learned after every serious injury?
• Have lessons learned been translated into
reforms to address the shortcomings identified?
• Is statistical data on serious injury in custody
used to identify possible structural deficiencies
leading to a higher risk of injuries in custody?
Indications of torture and other ill-treatment
Certain physical injuries, such as marks and bruises
that do not necessarily qualify as ‘serious’ injuries, could
nevertheless be indicative of torture or ill-treatment
and should be documented and reported to the relevant
investigative authorities, even in the absence of an
official complaint. For instance, bruising to the soles
of the feet or so-called ‘tram-line’ bruises (i.e. parallel
linear bruises) may constitute typical signs of torture,
as they may be the result of beatings with a baton
or similarly shaped object (or ‘falanga’).42 Also, nonphysical symptoms, such as significant changes in the
demeanour or complete withdrawal of a detainee,43
should be scrutinised with a view to establishing the
cause of the behavioural changes.
In order to detect possible indications of torture or
ill-treatment and violence by other prisoners, it is
necessary that all prison staff are sensitised and
adequately trained.
Similarly, prison healthcare staff, including
psychologists and social workers, should be trained to
detect ill-treatment in prison and in the use of the Istanbul
Protocol. Prison healthcare services can also play an
important role in reducing ill-treatment and torture by
the police. Any person transferred to a prison or pre-trial
detention facility should be seen by a qualified medical
professional within the shortest possible time (i.e. within
24 hours) after admission.44 This initial medical
screening should include a full visual examination of
the body of the person. It is vital that these examinations
take place in full compliance with medical confidentiality,
without the presence of non-medical staff;45 moreover,
women prisoners should be entitled to request that they
be examined by women healthcare staff, and if this is not
possible there must be a woman present.46
Additionally, detainees should be routinely presented
to a member of the medical staff after incidents
of inter-prisoner violence, including, in particular,
indications of sexual abuse, or any use of force by
staff.47 Such a practice is not only important for the
early detection of ill-treatment, but also to provide timely
Penal Reform International and Association for the Prevention of Torture | Incident management and independent investigations
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