E/CN.4/1997/7/Add.2
page 15
fetters while confined in any place outside walls of the prison". However,
under Rule 644 (i), "No convicted prisoner inside the prison other than a camp
or temporary prison shall be fettered except on the ground that he is violent,
dangerous or had escaped or attempted to escape". Rules 650 and 651 establish
respectively the categories of prisoners who are exempted absolutely and
ordinarily exempted. Rule 645 provides that "imposition of fetters and
handcuffs requires the order of the Superintendent, and the Deputy
Superintendent or Assistant Superintendent shall not order any prisoner to
be put in fetters or handcuffs on his own authority except in the case of
emergency in which case a report shall be made to the Superintendent in
writing on his next visit to the prison".
53.
Rule 646 states, "If the Superintendent considers it necessary to impose
fetters on any convicted or under-trial prisoner he shall record on the
history ticket the reason for the imposition of the fetters and the period for
which these are imposed. The date on which the fetters are actually removed
shall also be noted on the history ticket". Further, pursuant to an amendment
of 18 July 1988, "A record shall also be kept in the Fetters Register given
the number and name of the prisoner, the date on which fetters were imposed
and the reason for considering use of fetters necessary. The date on which
fetters are actually removed shall also be noted in the register".
54.
As noted above (para. 4), the Special Rapporteur visited Lahore and
Karachi Central Jails. During his visits to these locations, the Special
Rapporteur did not see one prisoner with bar fetters. Consequently, given
that their usage in prisons is reputedly commonplace and open, the Special
Rapporteur made specific requests to the respective Superintendents, and, in
the case of Lahore, to the Inspector General, to visit a prisoner wearing
fetters. In each case, the Superintendents or Inspector General responded
that they currently had no prisoners wearing fetters. They acknowledged that
fetters were used when prisoners were transported to the courts or to other
facilities, but indicated that the imposition of fetters inside the prison
was normally not necessary. In Lahore, the Inspector General and the
Superintendent initially denied that they even had fetters available to show
the Special Rapporteur. However, at his insistence, a bar fetter as described
above (para. 50) was shown to the Special Rapporteur. Furthermore, during the
visit to the punishment cell block of Lahore Central Jail, in which a large
number of the cells were completely empty, a member of the delegation saw
approximately a dozen leg irons neatly stacked against the wall of an empty
cell.
55.
In Lahore, where the Special Rapporteur had more time to inspect the
facilities and to receive testimony from prisoners, he questioned prisoners in
the punishment cells as to why he saw no bar fetters. One prisoner indicated
that they had all been removed the previous evening in anticipation of the
Special Rapporteur’s visit. He also indicated that prisoners had been removed
from the now empty cells in the punishment cell block.
56.
On the basis of this testimony, which was corroborated by other prisoners
who agreed that fetters had been removed from some 200 to 300 prisoners, the
Special Rapporteur requested to see the Fetters Register. He inspected
several pages of the register, which contained a list of several hundred names
and the dates on which fetters had been imposed. However, most of these
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