PART III. INSTRUMENTS OF FORCE
the use of handcuffs or restraints on women that are visibly pregnant.172 When handcuffs are
used, the condition of the person should be monitored to ensure that there is no particular risk
of injury or death.173
Handcuffs should be removed as soon as there is no longer a need for their use. In any case they
are usually removed once the person has been taken to a secure holding area.
Where law enforcement officials apply handcuffs, they have to report it afterwards, and also
account for the period of time the handcuffs were applied before their eventual removal. The
PSNI Manual orders all officers to “record all use of handcuffs in their official notebooks and
will include the following information:174
•
The handcuffs have been checked and adjusted for tightness.
•
The handcuffs have been double locked.
•
Officers have warned the detained person that struggling may cause injury.”
Some restraints are forbidden altogether. The recently revised Standard Minimum Rules for the
Treatment of Prisoners (hereafter “SMRs”, also known as the “Nelson Mandela Rules”) states
that the use of chains, irons or other instruments which are inherently degrading or painful shall
be prohibited.175 The Special Rapporteur on torture has stated that the use of physical restraints
that are “inherently inhuman, degrading or painful”, such as electroshock stun belts, restraint
chairs, chains or irons, shall not be used as restraints at any time, nor shall sedatives, neuroleptics
or other drugs be used for similar purposes.176
Limb restraints
Limb restraints are designed and used by law enforcement officials to restrict the range of
movement of the arms and/or legs, when they are faced with violence or the threat of violence
or when someone is actively fighting while handcuffed. For example, in Canada the Royal
Canadian Mounted Police (RCMP) introduced leg restraints, consisting of a length of rope
and clips in which to restrain the suspects legs; its application is aimed at preventing a person
from kicking and/or punching and allows for safe transportation of the person in a vehicle
to a safe holding area.
Limb restraints should only be used for the necessary amount of time, by officers who have
received appropriate training, which should include an understanding of the medical implications
associated with the use of the device, such as deep vein thrombosis, as well as risks related to
172
See for example the Law on Police of Armenia (2001), it its article 29.4: “The application of special means
(e.g. rubber clubs, handcuffs, tear gas etc.) against women with noticeable signs of pregnancy, obviously disabled
persons and minors (with the exception of cases of armed attack, armed resistance, and group attacks endangering
the life and health of people)[…] shall be prohibited […]”. (As quoted in Amnesty International, Use of Force,
Guidelines for the Implementation of the United Nations Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials, 2015, p. 140).
173
See ACPO Guidance on the Use Of Handcuffs, 2009: http://www.npcc.police.uk/documents/FoI%20publication/
Disclosure%20Logs/Uniformed%20Operations%20FOI/2013/003%2013%20Att%2015%20of%2015%20Guidance%20on%20the%20Use%20of%20Handcuffs.pdf
174
Ibid.
175
See United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),
Rule 47(1). The revised SMR were adopted by the Commission on Crime Prevention and Criminal Justice in its
twenty-fourth session, held in Vienna 18-22 May 2015, and approved by the Economic and Social Council,
E/CN.15/2015/L.6/Rev.1, unanimously adopted by the General Assembly (UN-Doc A/Res/70/175) on
17 December 2015.
176
See Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment. A/68/295, 9 August 2013, para. 58.
83
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