such as handcuffs, chains, irons and straitjackets should never be applied as a punishment and that chains or irons should not be used as restraints. Instruments of restraint should be used only to prevent escape during a transfer, on medical grounds or as a last resort to prevent prisoners from injuring themselves or others or from damaging property. Rule 34 states that instruments of restraint must not be applied for any longer time than is strictly necessary. The UN Special Rapporteur on Torture has said that shackling, chaining, hooding and forcing detainees to wear earphones and goggles while being transported will amount to torture.373 Corporal punishment Corporal punishment is considered to be unlawful under international law and is not a “lawful sanction” falling outside the definition of torture, cruel, inhuman or degrading punishment. Lawful sanctions refer only to penal practices that are widely accepted as legitimate by the international community and are compatible with basic internationally accepted standards. In Resolution 1998/38, the Commission on Human Rights held that corporal punishment “can amount to cruel, inhuman or degrading punishment or even to torture.” Access to a doctor In addition to access to a lawyer, a detainee’s access to a doctor is also a crucial safeguard against abuse. The UN Special Rapporteur on Torture has recommended that “[a]t the time of arrest a person should undergo a medical inspection, and medical inspections should be repeated regularly and should be compulsory upon transfer to another place of detention.”374 Medical examinations must take place in private — in particular in the absence of security personnel — and must be detailed. If they do not afford a detainee a proper opportunity to explain any concerns or complaints he may have, they will be of greatly reduced evidential value and may, on the contrary, facilitate ill-treatment by providing a superficial cover for it. Medical reports should detail fully the date, location and duration of any medical examination, the questions asked and answers provided, and the nature of any physical examination conducted. The CPT has also stated that the best guarantor of effectiveness in this regard is for detainees to be given the opportunity to undergo a medical examination by a doctor of their choice in addition to any examination by a state-appointed official. Prosecutors and judges should also be aware of the fact that certain methods of torture may be particularly sophisticated and may not leave visible marks capable of being detected on examination. These may include particular forms of beating, spraying with freezing water, stripping and electric shocks. 373 Op. cit., note 178, Situation of detainees at Guantánamo Bay, para. 54. 374 Report of the Special Rapporteur on the Question of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Sir Nigel Rodley, doc. A/56/156, 3 July 2001, para. 39(f). 132 Countering Terrorism, Protecting Human Rights