Restraints
1.1
HANDCUFFS
Key Technical
Features
Two lockable cuffs, usually made of metal, connected by a short chain-link,
rigid bar, or hinge.
Some models feature a double locking mechanism (this reduces the risk of
cuffs being overtightened) and others are single locking.
A ratchet allows for the size of the cuff to be adjusted so it can be used on a
range of wrist sizes.
Human Rights
Concerns
Handcuffs can be over-tightened by prison officers or detainees, which can
cause pain, discomfort, and permanent injury.
They can help facilitate torture or other ill-treatment (especially when used
to restrain people in stress positions).
Cuffs connected by a rigid bar can be used as a weapon for levering a
suspect into submission. This increases the risk of wrist injury.
Prolonged use of handcuffs can lead to lacerations, which can lead to blood
poisoning and other long-term physical impairments.
Detainees are sometimes kept in handcuffs for longer than strictly
necessary. Handcuffs should be removed at the earliest opportunity and
replaced, if necessary, with safe, soft fabric restraints.
Statements
and Standards
from Human
Rights Bodies
UNODC and OHCHR: “Handcuffs should only be employed when there is an
objective reason to believe the offender might escape or is likely to use
violence against the law enforcement official or someone else.” 36
Examples of
Existing
Controls
The EU Anti-Torture Regulation allows for Member States to control the
trade in handcuffs. Spain, for example, has implemented these controls and
requires export licences for the export of handcuffs.
Havana Rules: “Instruments of restraint and force can only be used [on
juveniles] in exceptional cases, where all other control methods have been
exhausted and failed, and only as explicitly authorized and specified by law
and regulation.” 37
The UK requires export licences to for handcuffs that have an overall
dimension (including chains) exceeding 240mm when locked.
The US CCL controls the export of this equipment.
Proposed
Control
Manufacture should be controlled.
Trade and transfer should be controlled.
Use should conform with international human rights standards.
36
UNODC and OHCHR, Resource book on the use of force and firearms in law enforcement, 2017, p82.
UN General Assembly, United Nations Rules for the Protection of Juveniles Deprived of Their Liberty: resolution
/ adopted by the General Assembly, 2 April 1991, A/RES/45/113, para 64
37
11
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