ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES ‘Excessive security and control can, at its worst, lead to a sense of injustice and increase the risk of a breakdown of control and of violent or abusive behaviour.’427 Thirdly, the use of force or other coercive means need to meet the test of proportionality. Basic Principle 5 describes that where the use of force is ‘unavoidable, law enforcement officials shall (a) exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved’, and should ‘(b) minimise damage and injury (…)’. While the extent of a threat and impact of a counter-measure may be difficult to predict, the experts noted that compared to police who have to make assessments in respect to entirely unknown individuals, prison staff do have information about the individuals in their custody. In fact, proper classification of prisoners, file management and dynamic security all contribute to allowing an assessment of which measure is adequate (proportionate) in resolving the situation with minimal or no use of force. In this context, the experts recalled Basic Principle 2, which requires law enforcement agencies to ‘develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms’. These should include the development of non-lethal incapacitating weapons for use in appropriate situations. The principle also implies that the use of force or arms must be ceased as soon as it is not necessary or proportionate any longer (i.e. it is used for the shortest possible time).428 The importance of documentation was emphasised as another general principle for both the use of force and arms, in order to enable a review of its application and to ensure accountability.429 Good practice from the UK was mentioned where a report is filed each time any arm, including a baton, is even drawn. It was also highlighted that medical personnel should examine prisoners after every use of force or arms.430 The experts mentioned the benefits of closed circuit television (CCTV) and body cameras, especially those recording the use of arms, as they allow for accountability and have been found to reduce their use. The importance of training was emphasised, as well as the need to review training programmes and operational procedures in light of particular incidents. à F or more detail on training, see above; see also Chapter 2, Prison management The experts noted that wherever new methods or devices are deployed, prison staff are keen on using them. They also highlighted that carrying a weapon may enhance security, but it could also threaten it if it undermines the creation of an institutional culture which supports a rehabilitative rather than a punitive approach, and emphasises conflict prevention over repression. Twelfth United Nations Congress on Crime Prevention and Criminal Justice, Workshop 2: Survey of United Nations and other best practices in the treatment of prisoners in the criminal justice system: Background Paper, 28 January 2010, 6A/CONF.213/13, para. 45. See also studies on prison populations which have found that those inmates who have had force used upon them in the past are ‘more likely to engage in assaultive and other rule violating behaviour’ once in prison (for example, Charles Klahm, Benjamin Steiner and Benjamin Meade, ‘Assessing the Relationship between Police Use of Force and Inmate Offending (Rule Violations)’, Crime and Delinquency, 17 November 2014). 427  See, for example, CPT 2nd General Report, [CPT/Inf (92) 3], para. 53 428  See, for example, CPT 2nd General Report, para. 53, stating that ‘a record should be kept of every instance of the use of force against prisoners’. 429  See, for example, CPT 2nd General Report, para. 53 430  Penal Reform International and the Essex Human Rights Centre | 109