-33 instruments of restraints must be used only if authorized by law, as a last resort, and in a proportionate manner.44 According to the EPR, handcuffs, restraint jackets and other body restraints shall not be used except for specific grounds: if necessary as a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority unless that authority decides otherwise, or in order to protect a prisoner from self-injury, prevent injury to others or serious damage to property, provided that in such instances the director shall immediately inform a medical practitioner and report to a higher prison authority.45 Prisoners should, however, never be restricted for reasons of punishment, mere convenience of staff, because of staff shortages or as a substitute for proper care or treatment.46 STANDARDS IN FOCUS In Tali v Estonia the ECtHR found that the use of handcuffs as well as measures of passive defense, such as shields, flak jackets and helmets as well as immobilization techniques by prison guards in response to a prisoner, who had refused to comply with staff orders to move to a punishment cell, did not amount to a violation of Art 3 ECHR. However, the use by prison staff of handcuffs, telescopic baton, pepper spray and a restraint bed on a prisoner who had refused to comply with a lawful order by the prison staff and had behaved aggressively towards them, did constitute a breach of Art 3 ECHR. The ECtHR recognized the difficulties States might encounter in maintaining order and discipline in penal institution, but nonetheless found a breach of Art 3 ECHR, especially considering the cumulative effect of the measures used as well as the use of pepper spray in a confined space, in contravention of the recommendation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).47 44. EPR Rule 68; Mandela Rules, Rules 47 – 49. 45. EPR Rule 68.4; similar grounds are set up by the SMR at Rule 47.2. 46. EPR Rule 60.5; Mandela Rules, Rule 43(2); see also CPT, ‘Means of Restraint in Psychiatric Establishments for Adults’ (Revised CPT Standards) (2017) CPT/Inf(2017)6. 47. ECtHR, Tali v Estonia, No 66393/10, 13 February 2014, §§ 78ff. For CPT standards on pepper spray see eg CPT, ‘Report on the Visit to the Czech Republic’ (2009) CPT/Inf (2009) 8 § 46. Monitoring Prison Violence