51
“the wearing of handcuffs in public, can affect a person’s self-esteem and cause him
or her psychological damage”, stating that the humiliation a person may suffer from
handcuffing may be aggravated when carried out in public.70
What monitors should observe and record
• In what circumstances were the restraints used?
• Were restraints placed by law enforcement officers on all those detained, or were
they placed only on those who were deemed to be resisting arrest?
• What kind of restraints were used? Monitors should try to record the shape and
size, and take images or video, focusing on any logos, names or other markings
that might identify the manufacturer or model.
• For how long were restraints used?
• How many people were placed in restraints, and where were they taken subsequently (e.g., taken away in police vehicles, told to sit on the street, placed lying
face-down, etc.)?
• If detainees’ hands were placed in restraints, were they tied/cuffed in the front or
behind their backs?
• Did anyone who was placed in mechanical restraints complain of over-tightening?
If so, how did law enforcement officials respond?
• Was any additional force used on anyone who was already mechanically
restrained?
Illustrative examples of health and human rights implications
Handcuffs were reportedly used in conjunction with other means of force against
protesters detained during large public gatherings in an OSCE participating State
in 2016. According to testimony collected by the local NGO, in one instance over 50
people detained during public gatherings were handcuffed, taken to a hall in the
police academy building and made to walk between two lines of police officers who
beat them. The detainees remained in handcuffs throughout their detention in the
hall, during which time they were also threatened by police with firearms, denied
drinking water and toilet facilities.
70
European Court of human Rights, Erdoğan Yağiz v. Turkey, judgment of 6 March 2007, paras. 42-47.
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