TOPICS FOR DISCUSSION There is an international prohibition on torture at all times and in all circumstances. What means are used to enforce this prohibition in your country? Discuss the way in which cruel, inhuman or degrading forms of treatment and punishment are prohibited by the various instruments referred to in this chapter. Discuss the methods of controlling and restraining prisoners that are used in your prison administration. Could any of these be considered to amount to cruel, inhuman or degrading treatment? What alternative methods might be used? The majority of prisoners will respond positively when given legitimate orders in a reasonable manner. Staff should use physical force only as a last resort. It is also important that prisoners should know from the outset what is expected of them and which rules they must obey. How should these considerations affect the way prison staff carry out their daily work? In many jurisdictions prison staff carry some form of stave or truncheon. Should this be held openly in the hand or kept in a pocket? Discuss the circumstances in which such an instrument might be used. When should it not be used? How may prisoners who complain to independent persons about ill-treatment by staff be protected from retaliation or discrimination? If a judge is inspecting a prison to ensure that torture or cruel, inhuman or degrading treatment or punishment is not taking place, what areas should he or she pay particular attention to? Why does international law not accept unlawful superior orders as a justification for human rights violations? Prison officials may be aware that the physical conditions in their prisons are so poor that they amount to cruel, inhuman or degrading treatment. What steps should they take in these circumstances? Who should be held accountable for the treatment that is being inflicted? What should be the proper procedure for reporting and investigating a death in custody? CASE STUDIES 1. You are the senior officer on duty in the prison. A prisoner has punched a member of staff in the face. He has been subdued by other staff and is being taken to the punishment cells when you arrive on the scene. Staff are very annoyed on behalf of their colleague. You suspect that, once you have left, the prisoner will be beaten up. How do you convince staff that they should not do this? 2. Security staff report that they have received intelligence that prisoners have made a crude explosive device with a basic timing mechanism. It has been hidden inside the prison, probably in an area where it will cause maximum injury to staff. It will explode in 2 hours. Intelligence reports have identified two prisoners, who have a record of involvement in explosions, as the prime suspects. They have been placed in isolation but refuse to give any information. Security staff are confident that by 39