security of buildings, including walls, windows, doors, etc. Procedural security is about
having methods and procedures in place to ensure prison security and this has to do
with rules on the prevention of escapes and establishing order.41 One of the best tools
of ensuring good security is the so-called dynamic security concept.
The concept of dynamic security envisages establishing positive relations between
the prison staff and the inmates by way of maintaining fair treatment practices and
making available activities helping the inmates re-socialization and reintegrate into
the society. According to the UN Prison Incident Management Handbook, prison staff
should realize that humane and fair treatment of prisoners helps maintain a good
order and safety in prison.42
An indispensable condition for maintaining order and security in prisons is positive
relationship between the staff of the penitentiary institution and the prisoners. For
such relationship to arise, it is important that prisoners realize that the institution
rules and procedures are there because they are important for keeping the prison
environment safe and humane. Prisoners should believe that they will be treated
humanely and their rights will be protected.
Although ensuring a good order and safety in prison through positive relationship
between the staff and the prisoners is a starting point, in some cases it becomes
necessary to use force and other measures of coercion. Prisoner control involves static
security elements too such as proper security infrastructure and equipment as well as
incident management and use of force where appropriate.43
We should mention here that the United Nations Code of Conduct for Law Enforcement
Officials allows the law enforcement officials to use force only when strictly necessary
and to the extent required for the performance of their duty.44 This means additional
security measures should be resorted to only in extreme cases. Force and other
measures of coercion should be used only according to a due procedure and following
the best examples existing in practice.
During its visits to the penitentiary institutions, the National Preventive Mechanism
learned about conflicting, tense and unfriendly relations between the inmates and
the prison staff. Several reasons contribute to such environment: the prisoners’
feeling that they are treated unfairly; improper follow-up to requests and complaints;
unsatisfactory detention conditions at penitentiary institutions; in some cases,
a physical environment that is inconsistent with the standards; often times, lack
41
42
43
44
Andrew Coyle, A human Rights Approach to prison management, International Centre for Prison
Studies, (2009), accessible at http://www.prisonstudies.org/ [last viewed 15.02.2015].
United Nations Prison Incident Management Handbook, 2013, p. 21-22, accessible in English
at http://www.un.org/en/peacekeeping/publications/cljas/handbook_pim.pdf [last viewed
22.03.2015].
Ibid. p. 13.
UN General Assembly, Code of conduct for law enforcement officials, 5 February 1980, A/
RES/34/169, accessible in English at http://www.refworld.org/docid/48abd572e.html [last viewed
09.03.2015].
34 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents