ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
‘Excessive security and control can, at its worst, lead to a sense of injustice and increase
the risk of a breakdown of control and of violent or abusive behaviour.’427
Thirdly, the use of force or other coercive means need to meet the test of proportionality. Basic
Principle 5 describes that where the use of force is ‘unavoidable, law enforcement officials shall
(a) exercise restraint in such use and act in proportion to the seriousness of the offence and the
legitimate objective to be achieved’, and should ‘(b) minimise damage and injury (…)’.
While the extent of a threat and impact of a counter-measure may be difficult to predict, the experts
noted that compared to police who have to make assessments in respect to entirely unknown
individuals, prison staff do have information about the individuals in their custody. In fact, proper
classification of prisoners, file management and dynamic security all contribute to allowing an
assessment of which measure is adequate (proportionate) in resolving the situation with minimal or
no use of force.
In this context, the experts recalled Basic Principle 2, which requires law enforcement agencies to
‘develop a range of means as broad as possible and equip law enforcement officials with various
types of weapons and ammunition that would allow for a differentiated use of force and firearms’.
These should include the development of non-lethal incapacitating weapons for use in appropriate
situations.
The principle also implies that the use of force or arms must be ceased as soon as it is not
necessary or proportionate any longer (i.e. it is used for the shortest possible time).428
The importance of documentation was emphasised as another general principle for both the use of
force and arms, in order to enable a review of its application and to ensure accountability.429 Good
practice from the UK was mentioned where a report is filed each time any arm, including a baton,
is even drawn. It was also highlighted that medical personnel should examine prisoners after every
use of force or arms.430
The experts mentioned the benefits of closed circuit television (CCTV) and body cameras,
especially those recording the use of arms, as they allow for accountability and have been found to
reduce their use.
The importance of training was emphasised, as well as the need to review training programmes
and operational procedures in light of particular incidents.
à
F
or more detail on training, see above; see also Chapter 2, Prison management
The experts noted that wherever new methods or devices are deployed, prison staff are keen on
using them. They also highlighted that carrying a weapon may enhance security, but it could also
threaten it if it undermines the creation of an institutional culture which supports a rehabilitative
rather than a punitive approach, and emphasises conflict prevention over repression.
Twelfth United Nations Congress on Crime Prevention and Criminal Justice, Workshop 2: Survey of United Nations
and other best practices in the treatment of prisoners in the criminal justice system: Background Paper, 28 January
2010, 6A/CONF.213/13, para. 45. See also studies on prison populations which have found that those inmates who
have had force used upon them in the past are ‘more likely to engage in assaultive and other rule violating behaviour’
once in prison (for example, Charles Klahm, Benjamin Steiner and Benjamin Meade, ‘Assessing the Relationship
between Police Use of Force and Inmate Offending (Rule Violations)’, Crime and Delinquency, 17 November 2014).
427
See, for example, CPT 2nd General Report, [CPT/Inf (92) 3], para. 53
428
See, for example, CPT 2nd General Report, para. 53, stating that ‘a record should be kept of every instance of the
use of force against prisoners’.
429
See, for example, CPT 2nd General Report, para. 53
430
Penal Reform International and the Essex Human Rights Centre
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