Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring
• Are children living with their parent/caregiver in prison, or visiting children, ever
subjected to searches? If so, is the parent/caregiver allowed to be present during
the search?
• Are body searches approached differently if staff are aware that the prisoner has
previously been a victim of SGBV?
•
Is there any consideration of how body searches might be experienced by persons
from particular cultures and religions?
8.5 The Use of Restraints, Force and Arms
Some instruments of restraint are inherently degrading or painful, while others pose
a risk depending on why and how they are used. Instruments of restraint that are not
considered to be inherently degrading or painful may, nevertheless, be humiliating for
the person concerned or can be applied in ways that are unnecessarily painful.
If the necessity of using restraints against particular groups of detainees/prisoners,
such as women or LGBTI persons, is lacking, then it can also constitute SGBV.
In addition, the use of restraints presents a significant risk factor for SGBV, including
sexual taunts and physical abuse. When restrained, victims are physically less able to
defend themselves, and they may be completely immobilized. Instruments of restraint
are also sometimes used deliberately to inflict pain or humiliation on particular prisoners, or to intimidate them during interrogations.
International standards prohibit the use of restraints that are “inherently degrading
or painful”, and require that other restraints are used restrictively, only in exceptional
cases, and when lesser methods of control have been tried and failed. Despite these
provisions, restraints are often used as a matter of routine when not essential, including when detainees/prisoners are ill or when women are pregnant, during labour or
after they have given birth.
The use of force and arms also presents high-risk situations for SGBV. Their use is
likely to cause pain and humiliation, and they may be used with the sole purpose of
deliberately abusing detainees, including during interrogations, as a means to intimidate or to elicit confessions. Their use must also be strictly regulated to reduce the
potential for abuse.
When monitoring places of deprivation of liberty for risks of SGBV, teams should consider the use of restraints, force and arms. They should familiarize themselves with
the different types of instruments and methods in use, as well as their associated
risks. Monitors should also consider in advance whether they would be prepared to interview detainees/prisoners who are restrained at the time of the interview. Monitors
should also consider the questions provided in relation to the aspects of monitoring
covered below.
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