PRISON MANAGEMENT
to psychoactive substances, including
synthetic cannabis – in the UK, nurses
have passed out from exposure
to the drug when responding to
emergencies, and similar problems
have arisen for prison staff in the
US.315 Perhaps not surprisingly, there
is a high turnover rate amongst prison
staff in many countries, reflecting
low morale.
Female prison officers are a small
minority and face harassment in their
day-to-day work, from both prisoners
and other staff.316 A government
report on the situation of women in
prison in India, which found that only
eight per cent of prison staff were
women, called for the hiring of women
staff as a priority.317
Corruption amongst prison officers
continues to be a problem. For
instance, there were reports of
prisoners exchanging privileges for
sexual favours in the US.318 In South
Africa, the Correctional Services
Department fired more than 100
officials for smuggling contraband into
prisons and ‘colluding with inmates’
over the course of a year.319 A recent
report in Queensland, Australia, by the
Crime and Corruption Commission
looked at some of the risk factors
for corruption in prisons and found
The use of restraints
Instruments of restraint are defined
as external mechanical devices
designed to restrict or immobilise
the movement of a person’s body
without injuring them. They
include handcuffs, straps and
irritant sprays (sometimes referred
to as ‘pepper spray’).327
The use of such instruments may be
necessary – under strictly controlled
conditions – to provide security and
order in prisons; for example, to
protect prisoners from inter-prisoner
violence, for self-defence, to prevent
self-harm and suicide, and to
prevent escape.
Even though they may be permitted,
strict rules should regulate the
use of restraints since they also
pose a high risk in terms of torture
and ill-treatment, due to their
intrusive nature and the risk of
causing pain and humiliation. Even
stricter regulations should apply
when they are used for vulnerable
people, in particular pregnant
women and children. Both the
UN Special Rapporteur on torture
and the UN Committee against
30 |
that the use of excessive force,
overcrowding and inappropriate
relationships inside the prison system
put the system at risk of ‘significant
corruption’.320
While poor morale is rife amongst
many long-serving prison staff, there
have been attempts in some countries
to recruit a new cadre of prison staff
with a more positive outlook. The
Unlocked Graduate Scheme in the
UK employs young graduates in the
prison service while they are studying
for a post-graduate qualification.
The two-year programme started in
2016 and saw ‘dramatic growth’ in
applications in 2018;321 women made
up 69 per cent of applicants joining
the scheme.322 In New Zealand, the
Corrections Association launched a
new initiative, Stand TALR (originally
developed by the prison officers’
union in Western Australia), to help
prison staff cope with mental health
issues and stress.323 Designed by
and for prison staff, the initiative has
helped staff cope with the aftermath
of violence and intimidation and with
working with prisoners who self-harm.
The programme is due to be rolled
out widely across the prison system
in New Zealand.324
During 2018, the Council of Europe
continued its work on drafting
detailed guidelines for the recruitment,
selection, training and development
of prison and probation staff. These
guidelines are expected to be
adopted by the end of April 2019.325
Also in 2018, the ICPR launched
the third edition of A Human Rights
Approach to Prison Management:
Handbook for Prison Staff, which
provides invaluable guidance for
prison staff on the implementation
of the international standards at an
operational level.326
RECOMMENDATION 15
Staff should be carefully
selected, properly trained
(both prior to and during their
service), and fully supported
so that they are able to work
to the highest professional
standards. They should also
be held accountable, and staff
found to have violated laws
or policies should be subject
to disciplinary proceedings
and, where appropriate,
criminal proceedings.
Torture have condemned methods
of restraint that are inherently
inhuman, degrading or painful or
which have such effects.328 The
Nelson Mandela Rules state that
‘the use of chains, irons or other
instruments of restraint which are
inherently degrading or painful shall
be prohibited’.329
Prison monitoring bodies
are increasingly recognising
the importance of accurate
documentation of the use of
weapons and restraints. In
June 2018, the Omega Research
Foundation and the University
of Exeter launched Monitoring
Weapons and Restraints in Places
of Detention: A Practical Guide.330
This resource collates the existing
standards around the use of
firearms, less lethal weapons and
restraints in places of detention.
It also provides guidance on how
to document these weapons and
instruments, what to ask, and
key observations to be made.
This guidance is applicable to a
wide range of detention contexts,
including prisons, healthcare
settings and other places of
detention.331
Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019
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