(3) Where necessary and practicable the prisoner shall
be allowed to make his defence through an interpreter.
31. Corporal punishment, punishment by placing in a dark
cell, and all cruel, inhuman or degrading punishments shall be
completely prohibited as punishments for disciplinary offences.
32. (1) Punishment by close confinement or reduction of
diet shall never be inflicted unless the medical officer has examined the prisoner and certified in writing that he is fit to
sustain it.
(2) The same shall apply to any other punishment that
may be prejudicial to the physical or mental health of a prisoner. In no case may such punishment be contrary to or depart
from the principle stated in rule 31.
(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the director if he
considers the termination or alteration of the punishment is
necessary on grounds of physical or mental health.
33. Instruments of restraint, such as handcuffs, chains,
irons and straitjackets, shall never be applied as a punishment. ...
Principle 30, paragraph 2, of the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment provides that a
detained or imprisoned person who has been subject to disciplinary action
shall have the right to bring such action to higher authorities
for review.
Principle 3 of the Principles of Medical Ethics relevant to the Role of Health
Personnel, particularly Physicians, in the Protection of Prisoners and Detainees
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment underlines the need for doctors to maintain independence in matters of
punishment:
It is a contravention of medical ethics for health personnel, particularly physicians, to be involved in any professional
relationship with prisoners or detainees the purpose of which
is not solely to evaluate, protect or improve their physical and
mental health.
Principle 7 of the Basic Principles for the Treatment of Prisoners refers to the use
of solitary confinement as a punishment:
Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should
be undertaken and encouraged.
The International Covenant on Civil and Political Rights, in article 8, paragraph 3,
makes one further restriction on the type of punishment which may be imposed:
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in
countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard
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