CHAPTER 17. DISCIPLINE AND PUNISHMENT OBJECTIVE From time to time some prisoners will refuse to observe the legitimate rules of the prison. When this happens there has to be a formal disciplinary procedure to establish guilt and impose appropriate punishment. The objective of this chapter is to underline that this procedure should observe the principles of natural justice. ESSENTIAL PRINCIPLES All disciplinary offences and punishments must be specified by law or by published legal regulations. No prisoner shall be punished before being informed of the alleged offence and before being given the opportunity to present a proper defence. No prisoner shall be employed in any disciplinary capacity. All cruel, inhuman or degrading punishments are completely prohibited, including corporal punishment or placing the prisoner in a dark cell. Punishment by close confinement or reduction of diet shall never be inflicted unless the prisoner is certified by the medical officer as medically fit to sustain it. Instruments of restraint, such as handcuffs, chains, irons and straitjackets, shall never be applied as a punishment. Prisoners who are subject to disciplinary action should have the right of appeal to a higher authority. BASIS IN INTERNATIONAL INSTRUMENTS The Standard Minimum Rules for the Treatment of Prisoners require as follows: 28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity. … 29. The following shall always be determined by the law or by the regulation of the competent administrative authority: (a) Conduct constituting a disciplinary offence; (b) The types and duration of punishment which may be inflicted; (c) The authority competent to impose such punishment. 30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same offence. (2) No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case. 91