(b) on medical grounds by direction of the medical officer;
(c) By order of the director, if other methods of control fail, in order to prevent a prisoner
from injuring himself or others or from damaging property; in such instances the director
shall at once consult the medical officer and report to the higher administrative authority.
European Prison Rules [Recommendation Rec(2006)2 of the Committee of Ministers to
member states on the European Prison Rules]
Rule 64.1 Prison staff shall not use force against prisoners except in self-defence or in cases
of attempted escape or active or passive physical resistance to a lawful order and always as
a last resort.
Rule 64.2 The amount of force used shall be the minimum necessary and shall be imposed
for the shortest necessary time.
Rule 65 There shall be detailed procedures about the use of force including stipulations
about:
a) the various types of force that may be used;
b) the circumstances in which each type of force may be used;
c) the members of staff who are entitled to use different types of force;
d) the level of authority required before any force is used;
e) the reports that must be completed once force has been used.
Rule 66 Staff who deal directly with prisoners shall be trained in techniques that enable the
minimal use of force in the restraint of prisoners who are aggressive.
2nd General Report of CPT [CPT/Inf (92)3]
§ 56 The CPT pays particular attention to prisoners held, for whatever reason (for
disciplinary purposes; as a result of their "dangerousness" or their "troublesome"
behaviour; in the interests of a criminal investigation; at their own request), under
conditions akin to solitary confinement.
The principle of proportionality requires that a balance be struck between the requirements
of the case and the application of a solitary confinement-type regime, which is a step that can
have very harmful consequences for the person concerned. Solitary confinement can, in
certain circumstances, amount to inhuman and degrading treatment; in any event, all forms
of solitary confinement should be as short as possible.
In the event of such a regime being imposed or applied on request, an essential safeguard is
that whenever the prisoner concerned, or a prison officer on the prisoner's behalf, requests a
medical doctor, such a doctor should be called without delay with a view to carrying out a
medical examination of the prisoner. The results of this examination, including an account of
the prisoner's physical and mental condition as well as, if need be, the foreseeable
consequences of continued isolation, should be set out in a written statement to be forwarded
to the competent authorities.
Executive Penal Code (Dz.U. of 1997, No 90, item 557, as amended)
Article 4. (1) Punishments, disciplinary and preventive measures shall be executed in a
humane manner, respecting a convict's dignity. Torture or inhuman or degrading treatment
and punishment of a convict shall be banned.
§ 2. A convict shall retain civil rights and liberties. Their limitation may result exclusively
from the law or a valid court decision issued on its basis.
In most visited units no reports on unacceptable forms of treatment were
received. The majority of both the prisoners interviewed in private and those
interviewed during visits to cells saw their treatment by Prison Service officers as
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