6.7. Coercive, disciplinary, and restrictive measures
6.7.
Coercive, disciplinary, and restrictive measures
Deprivation of liberty and the application of coercive and restrictive measures in themselves affect the enforcement of fundamental rights. The risks
emerging therefrom may be mitigated through the adoption of adequate
legal regulations and their appropriate implementation.
The visiting delegations also inquire after incidents that have occurred
at the given place of detention and the conflict management methods used
by its personnel. They examine how the application of coercive and disciplinary measures by the personnel against persons deprived of their liberty
violating the house rules of the given place of detention and the restrictive
measures applied in health- and social care institutions are documented.
The inspection of the available documents related to the application of coercive, disciplinary, and restrictive measures, including the notes of the health
care personnel, is also aimed at finding out who checks the justification and
legality of such measures and in what manner, and if the extent of these
measures is in compliance with the prevailing legislation.
6.8.
Relations between persons deprived of their liberty and their
relations with the personnel of the place of detention
Balanced personal relations between persons deprived of their liberty and
between detainees and the personnel of the given place of detention are
one of the most efficient ways to prevent ill-treatment. The visiting delegations inquire into the relations of persons deprived of their liberty using the
same premises, paying special attention to gathering information indicative of peer-to-peer abuse among the detainees.
“Mixed-gender staffing is another safeguard against ill-treatment in places of
detention.” 100 As persons deprived of their liberty should only be searched by
staff of the same gender and any search which requires a detainee to undress should be conducted out of the sight of custodial staff of the opposite
gender,101 I examine the gender composition of the persons deprived of their
liberty, guards, nurses, etc. during every visit.
The findings of the on-site inspections conducted during the twenty-year
operation of the ombudsman institution show that the staff of the places of
detention, if they are frustrated in the hierarchical structure or continuously
100
101
See: See Clause 26 of 9th General Report on CPT’s activities [CPT/Inf (99) 12].
See: See Clause 23 of 10th General Report on CPT’s activities [CPT/Inf (2000) 13].
53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents