-32
authorities are protected from violence or intimidation by other
prisoners, for example by placing the applicants in separate
accommodation.
• The authorities must deal with a prisoner’s request for a transfer with
the necessary urgency and in a manner proportionate to the perceived
risk faced by the person concerned.
• Any transfers of persons in a situation of vulnerability should be part of
a carefully designed strategy for dealing with inter-prisoner violence.
When security and safety measures and regimes are applied, prisoners
pay a heavy price, as these measures may result in involuntary separation
from the general prison population and/or reduced activities programmes,
compared to those available under the normal prison regime.41 Hence,
special security and safety measures should be applied only if there is no
other choice. Generally, prison authorities should therefore ‘strive to create
environments in which all prisoners can be safe and free from abuse and should
have a set of procedures that enable all prisoners to mix without fear of assault
or other violence, namely to ensure that prisoners are able to contact staff at all
times, including at night’,42 and allow prisoners to take part in daily activities
as much as possible. In other words, all efforts should be made to ensure
that the security and safety measures, including those taken for protective
purposes, entail only the minimum necessary restriction and do not amount
to a violation of the international standards on solitary confinement (see
also in this series the Handbook on Solitary Confinement in Prison).
3.2.1.3. Instruments of restraint
Other measures that may be adopted are means of restraints. All
restraints that are inherently degrading (e.g. use of chains, irons and
others) are absolutely prohibited, and restraints should never be used on
women during labor, childbirth or immediately after childbirth.43 Both
the European Prison Rules (EPR) and Mandela Rules make clear that
41. CPT, ‘Developments Concerning CPT Standards in Respect of Imprisonment: Extract from the 11th
General Report of the CPT’ (2001) CPT/Inf(2001)16-part, § 27.
42. Commentary on Recommendation Rec(2006)2 of the Committee of Ministers to member states
on the European Prison Rules (2006) p 74 < https://rm.coe.int/european-prison-rules-978-92-8715982-3/16806ab9ae>; and the draft Commentary to the revised EPR (2020) <https://cdn.penalreform.
org/wp-content/uploads/2020/07/EPR-Commentary.pdf> p 32.
43. EPR Rules 68.5-68.6; see also Mandela Rules, Rule 47; UNGA, ‘United Nations Rules for the
Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders’, Res 65/229 of 21
December 2010 (Bangkok Rules) Rule 24.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents