-34
CPT standards: The CPT has also set out specific standards on
instruments of restraint in psychiatric establishments for adults.48
3.2.1.4. Conflict resolution, use of force and other means of coercion
The use of force can be considered as a legitimate method for restoring
security and order in prison, only if it is used as a last resort. In practice,
this means that prison authorities must first and foremost aim to prevent
and resolve conflicts49 before they escalate. To this extent, both the EPR
and the Mandela Rules explicitly state that prison administrations are
encouraged to use, to the extent possible, ‘conflict prevention, mediation or
any other alternative dispute resolution mechanism to prevent disciplinary
offences or to resolve conflicts’. Both instruments also refer to dynamic
security, which is based on the idea that a good relationship between staff
and prisoners can ensure that security threats are detected at an early stage
and addressed through a process of dialogue and negotiation.50
Occasionally, situations may occur where staff are faced with incidents
that require the use of force. Under international law, the use of force
by law enforcement authorities is permitted only if in line with the four
cumulative principles mentioned above: the principle of legality, the
principle of necessity, the principle of proportionality and the principle of
precaution. When it comes to the use of force, these principles are further
spelled out by the UN Basic Principles on the Use of Force and Firearms,
the Mandela Rules and the EPR.51
The ECtHR accepted that on occasion it may be necessary to use force in
order to ensure prison security and to maintain order or prevent crime in
detention facilities. However, it affirmed that violence can only be used
if indispensable and in so far as it is not excessive. Hence, when a person
48. CPT, ‘Means of restraint in psychiatric establishments for adults’ CPT/Inf(2017)6 < https://rm.coe.
int/16807001c3.>
49. Mandela Rules, Rules 38(1) and 76.1; EPR Rule 56.2, referring to the ‘use mechanisms of restoration
and mediation to resolve disputes with and among prisoners’.
50. EPR Rules 64, 51.2; and Mandela Rules, Rule 76(c), where the concept of dynamic security is
acknowledged under Art. 76(c) in relation to training for staff.
51. Mandela Rules, Rule 82; EPR 64-67; the UN Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials (1990) A/C0NF.144/28/Rev.l, Arts 15ff; UNGA, ‘Code of Conduct for Law
Enforcement Officials’, Res 34/169 of 17 December 1979. For more details see SRT (Melzer) ‘ExtraCustodial Use of Force and the Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment’ (2017) A/72/178, §§ 5ff and 16.
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