FACTSHEET The Standard Minimum Rules revised in 2015 (the Nelson Mandela Rules)10 explicitly acknowledge the concept of dynamic security and encourage prison administrations ‘to use, to the extent possible, conflict prevention, mediation or any other alternative dispute resolution mechanism to prevent disciplinary offences or to resolve conflicts’.11 [G]enerally the literature supports the “ notion that the more coercive the prison environment the greater the potential for violence. This is especially so where prison management and treatment of prisoners are perceived by prisoners as unfair or illegitimate, as this strengthens prisoner solidarity in opposition to the authorities. This in turn threatens the legitimacy of the regime and reduces prisoner compliance. Conversely, prisons that provide more opportunities for prisoner participation in education and vocational programs and promote self-efficacy, generally report reduced levels of rule violations and violence. 12 ” As a consequence, the use of restraints that are ‘inherently degrading or painful’ is not permissible under any circumstances. This should be read in the light of the commentary to Article 5 of the UN Code of Conduct for Law Enforcement Officials, which states that the term cruel, inhuman or degrading treatment or punishment ‘should be interpreted so as to extend the widest possible protection against abuses, whether physical or mental’. The use of restraints should be prescribed by law, and be restricted by the principles of necessity and proportionality.15 International standards require that restraints are used restrictively, only in exceptional cases, where other methods have been exhausted and failed. Standards developed for the use of force and firearms indicate as permissible purposes: self-defence or defence of others against the imminent threat of death or serious injury; to prevent the perpetration of a particularly serious crime involving grave threat to life; to prevent escape; however, only when less extreme means are insufficient to achieve these objectives.16 Instruments of restraint should only be used for the shortest possible period of time, and should never be applied as a punishment.17 The role of doctors is guided – and limited – by standards developed on medical ethics.18 Main references • UN Convention against Torture, Articles 1, 2, 4, 10, 11, 12, 13, 15 and 16 • UN Basic Principles on the Use of Force and Firearms This Factsheet focuses specifically on the use of mechanical restraints. It outlines risk factors deriving from the use of such devices in the penitentiary context – in police custody, prisons and during transfers. It does not cover its use in psychiatric institutions,13 other places of deprivation of liberty, or during deportation.14 by Law Enforcement Officials • UN Code of Conduct for Law Enforcement Officials19 • UN revised Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), Rules 47-49, 76 and 82 • UN Rules for the Protection of Juveniles Deprived of 2. What are the main standards? Prohibitions and limitations of use, as well as the manner in which instruments of restraint may be applied, derive from the prohibition of torture and cruel, inhuman or degrading treatment or punishment, and from the obligation to respect and protect the human dignity of persons deprived of their liberty. their Liberty, Rule 64 • UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), Rule 24 • European Prison Rules, Rule 68 • Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians 10. Revised United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), adopted by the UN Commission on Crime Prevention and Criminal Justice on 22 May 2015, endorsed by the Economic and Social Council on 9 September 2015, UN-Doc. E/RES/2015/20 and adopted by UN General Assembly Third Committee on 5 November 2015, UN-Doc. A/C.3/70/L.3 (at the time of printing this Resolution was pending adoption by the plenary of the UN General Assembly.). 11. Revised Standard Minimum Rules, Rules 38 (1) and 76 (1c). 12. Ibid. 13. See European Committee for the Prevention of Torture (CPT) Standards, para. 36 et sqq and 47-50; and CPT 16th General Report on the CPT’s activities 1 August – 31 July 2006, 16 October 2006, [CPT/Inf (2006) 35]. 14. See CPT 7th General Report, [CPT/Inf (97) 10], 22 August 1997, paras. 24 to 36); 13th General Report [CPT/Inf (2003) 35]. 15. Article 3, Code of Conduct for Law Enforcement Officials; Rule 48 of the revised Standard Minimum Rules; for the application of these guiding principles on restraints see Report of the Special Rapporteur on Torture, 23 December 2003, E/CN.4/2004/56, para. 18. 16. See revised Standard Minimum Rules, Rule 47 (2) and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Principle 9; see also UN Code of Conduct for Law Enforcement Officials, Articles 2, 3, 6 and 15; for application of these guiding principles on restraints see Special Rapporteur on Torture, 2003, UN-Doc. E/CN.4/2004/56, para. 18. 17. Revised Standard Minimum Rules, Rules 48 (1c) and 43 (2). 18. Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians; see also Rule 46 (1) of the revised Standard Minimum Rules. 19. Article 1(a): The term ‘law enforcement officials’ includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention. 2 | Penal Reform International | Instruments of restraint: Addressing risk factors to prevent torture and ill-treatment

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