Even though securing order and safety in the establishment is essential, in some instances, use of force is necessary. The control of prisoners also envisages such elements of
static safety as necessary infrastructure and equipment as well as management of incidents and use of force, if necessary.29 Importantly, according to the UN Code of Conduct
for Law-enforcement Officers, the law-enforcement officials may use force only when
strictly necessary and to the extent required for the performance of their obligations.30
It means that they should take additional safety measures in extreme cases. Use of force
is acceptable only through adequate procedures and taking into account the best practices.
In the reporting period, the checks of penitentiary establishments by the Special Preventive Group showed that the practice of surveillance and adoption of safety measures
by the administration is problematic. There is a tendency of using the measure of longterm isolation against patients by administration, without adequate grounds. The use of
handcuffs is also frequent and seems to be routine.
Securing human rights, order and safety in penitentiary establishments requires complex and systematic measures. The following organizational questions31 need to be
taken into account: appropriate normative basis (regulations); accountability, operative
abilities and competence of personnel (personnel-prisoners ratio, organizational structure, skills and experience of personnel, Code of Ethics for the staff, the regulations of
the establishment and procedure for disciplinary proceedings); elements of dynamic security (relationship of personnel with prisoners, observation, collection of information,
knowledge of personal characteristics of each prisoner, management of conflicts, mediation, etc); plan for managing incidents and special situations. These and other relevant
questions will be examined below in greater detail.
2.3.1. ACCOUNTABILITY
Accountability of personnel is essential for protection of human rights and for securing
safety and order in penitentiary establishments. There should be legal regulation making it possible to evaluate capacity to secure order and performance of administration
and personnel, relying on pre-determined indicators, based on internal and external
monitoring. Creation of such legal framework will increase transparency, accountability
and reliability of the establishment.32
29 Ibid. para. 13.
30 UN General Assembly, Code of conduct for law enforcement officials, 5 February 1980,
A/ RES/34/169, available at http://www.refworld.org/docid/48abd572e.html [last visited
on 16.02.2016].
31 Ibid. para. 15.
32 sUnited Nations Prison Incident Management Handbook, 2013, p. 17.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
31
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