PROHIBIT 3.1.2 MECHANICAL RESTRAINTS INHERENTLY DEGRADING OR PAINFUL RESTRAINTS INCLUDING THUMB CUFFS, LEG IRONS, BAR FETTERS, NECK RESTRAINTS, WEIGHTED RESTRAINTS AND FIXED RESTRAINTS Images (from left to right) of thumb cuffs, weighted leg irons and neck restraint (all images© Robin Ballantyne/Omega Research Foundation). The Nelson Mandela Rules and the use of restraints The UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)13 provide both principles and practical rules for the use of restraints in prisons. The overarching principle is that “No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment” (Rule 1), hence the absolute prohibition on any “use of chains, irons or other instruments of restraint which are inherently degrading or painful” (Rule 47(1)). Rule 47(2) provides that “Other instruments of restraint” – that is, ones that are not inherently degrading or painful – may only be used “As a precaution against escape during a transfer, provided that they are removed when the prisoner appears before a judicial or administrative authority” and “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”. Rule 48 further clarifies that instruments of restraint can only be used after “lesser means of control” have proved ineffective, that the method used must be the least intrusive one and be removed as soon as is no longer necessary, and that it must “never be used on women during labour, during childbirth and immediately after childbirth.” Importantly, Rule 49 adds that “The prison administration should seek access to, and provide training in the use of, control techniques that would obviate the need for the imposition of instruments of restraint or reduce their intrusiveness.” Despite the prohibitions of the Nelson Mandela Rules, some companies have manufactured a range of degrading or painful mechanical restraints that severely restrict movement, some of which are likely to cause severe physical pain as well as mental suffering or risk serious injury to the prisoner. They include thumb cuffs, finger cuffs, leg irons, bar fetters, weighted leg restraints, neck restraints, and restraints specifically designed to be bolted to prison walls, floors or ceilings. For example, the Omega 13 UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), adopted by UN General Assembly resolution 70/175, 17 December 2015, Annex. 10 COMBATING TORTURE: THE NEED FOR COMPREHENSIVE REGULATION OF LAW ENFORCEMENT EQUIPMENT Amnesty International | Omega Research Foundation