IMPLICATIONS The international instruments are unequivocal. Under no circumstances is there ever any justification for torture or cruel, inhuman or degrading treatment or punishment. The definition of torture is comprehensive. It includes any form of pain or suffering, whether physical or mental, other than that which is inherent in the fact of detention or imprisonment. This means that: - Prisoners must never be beaten or subjected to corporal punishment; - Corporal punishment may not be inflicted for disciplinary offences; - Force may be used only when it is essential to restrain a prisoner; - Staff should be trained in non-violent methods of dealing with intransigent prisoners; - Staff, when carrying out their duties, must always act within the law; - Staff found guilty of torturing or inflicting unjustified violence on prisoners should be prosecuted and sanctioned in accordance with the law; - Prisoners should be able to complain to independent persons about any ill-treatment without fear of future discrimination; - Officials, such as judges, should be able to visit prisons to ensure that torture or inhuman treatment or punishment is not taking place. Incidents of torture and ill-treatment might have occurred when there are acts of enforced disappearance or summary executions. PRACTICAL RECOMMENDATIONS ■ Prison staff should be made aware of the international prohibition on torture and cruel, inhuman or degrading treatment or punishment. That prohibition should be incorporated into national legislation, prison rules and all training materials for prison staff. ■ The use of any instrument which might be employed as a weapon by staff should be carefully regulated. In many jurisdictions individual members of staff carry some form of stave or truncheon. The circumstances in which this may be used should be specified quite clearly and should always be related to preventing physical harm to persons. ■ Instruments of restraint, such as handcuffs, body belts and straitjackets, should be kept in a central location in the prison and should be issued only on the authority of a senior member of staff. The issue and use of such equipment should be carefully recorded and such records be available for future reference. ■ There should be a formal and open set of procedures which prisoners may use to complain to an independent authority against any incident of torture or cruel, inhuman or degrading treatment or punishment without any fear of recrimination. Chapter 27 of this Manual deals with the right of prisoners to make complaints. If necessary, a prisoner who makes a complaint should be offered a transfer to another prison. ■ Arrangements should be in place to provide regular access to prisons by a judge, nongovernmental organizations or other independent persons to ensure that torture or cruel, inhuman or degrading treatment or punishment does not take place. 38