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53.
Prison staff will on occasion have to use force to control violent prisoners and,
exceptionally, may even need to resort to instruments of physical restraint. These are clearly
high risk situations insofar as the possible ill-treatment of prisoners is concerned, and as such
call for specific safeguards.
A prisoner against whom any means of force have been used should have the right to
be immediately examined and, if necessary, treated by a medical doctor. This examination
should be conducted out of the hearing and preferably out of the sight of non-medical staff, and
the results of the examination (including any relevant statements by the prisoner and the doctor's
conclusions) should be formally recorded and made available to the prisoner. In those rare cases
when resort to instruments of physical restraint is required, the prisoner concerned should be
kept under constant and adequate supervision. Further, instruments of restraint should be
removed at the earliest possible opportunity; they should never be applied, or their application
prolonged, as a punishment. Finally, a record should be kept of every instance of the use of force
against prisoners.
54.
Effective grievance and inspection procedures are fundamental safeguards against illtreatment in prisons. Prisoners should have avenues of complaint open to them both within and
outside the context of the prison system, including the possibility to have confidential access to
an appropriate authority. The CPT attaches particular importance to regular visits to each prison
establishment by an independent body (eg. a Board of visitors or supervisory judge) possessing
powers to hear (and if necessary take action upon) complaints from prisoners and to inspect the
establishment's premises. Such bodies can inter alia play an important role in bridging
differences that arise between prison management and a given prisoner or prisoners in general.
55.
It is also in the interests of both prisoners and prison staff that clear disciplinary
procedures be both formally established and applied in practice; any grey zones in this area
involve the risk of seeing unofficial (and uncontrolled) systems developing. Disciplinary
procedures should provide prisoners with a right to be heard on the subject of the offences it is
alleged they have committed, and to appeal to a higher authority against any sanctions imposed.
Other procedures often exist, alongside the formal disciplinary procedure, under
which a prisoner may be involuntarily separated from other inmates for disciplinerelated/security reasons (eg. in the interests of "good order" within an establishment). These
procedures should also be accompanied by effective safeguards. The prisoner should be
informed of the reasons for the measure taken against him, unless security requirements dictate
otherwise1, be given an opportunity to present his views on the matter, and be able to contest the
measure before an appropriate authority.
1
This requirement has subsequently been reformulated as follows: the prisoner should be
informed in writing of the reasons for the measure taken against him (it being understood that the reasons
given might not include details which security requirements justify withholding from the prisoner).
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