DOCSLIB.ORG

Instruments of Restraint Addressing Risk Factors to Prevent Torture and Ill-Treatment

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Instruments of Restraint Addressing Risk Factors to Prevent Torture and Ill-Treatment Detention Monitoring Tool Second edition FACTSHEET Instruments of restraint Addressing risk factors to prevent torture and ill-treatment ‘Prison staff will on occasion have to use force to control violent prisoners and, exceptionally, may even need to resort to instruments of physical restraint. These are clearly high risk situations insofar as the possible ill-treatment of prisoners is concerned, and as such call for specific safeguards.’ (European Committee for the Prevention of Torture)1 1. Definition and context • ‘low-technology’ mechanical restraints – such as ankle cuffs, anklets, hand- or leg-cuffs, fetters, waist Measures such as the use of instruments of restraint may bands, wristlets, plastic cuffs, wraps, belts, shackles, be necessary to provide security and order in a custodial chains, (weighted) leg irons or leg cuffs, gang chains,2 setting: to protect persons deprived of their liberty from finger- and thumb cuffs,3 soft/fabric restraints, inter-prisoner violence; for self-defence, to prevent self- straightjackets;4 harm and suicide; and to prevent escape. • so-called four/five/six-point restraints – such as However, instruments of restraint pose a high risk for restraint chairs, shackle boards and restraint beds,5 torture or other ill-treatment due to their highly intrusive isolation beds;6 and nature and the risk of causing injury, pain and/or humiliation, and are often deliberately used as a torture • body-worn electric-shock restraint devices7 – such as tool. Some devices have been prohibited or condemned stun belts, sleeves or cuffs. in general as degrading or painful. Others may be There are various other ways to manage the movement permitted in principle, but should be the exception when of detainees for permissible purposes in a custodial other methods have failed, rather than the rule. setting. The configuration and infrastructure of the Instruments of restraint are defined as external facility, adequate numbers of staff, who are well trained mechanical devices designed to restrict or immobilise the and have the relevant skills and competencies, an movement of a person’s body, in whole or in part. effective system for classification of detainees, and the separation of different categories of detainee, are all A large variety of devices, with differing features, are in key factors in ensuring safety and order in custody.8 use, and new technology continues to emerge. In broad By comparison, ‘poor prison management resulting in terms, instruments of restraint can be grouped into: dysfunctional forms of control emerges as a major cause of interpersonal violence, and by implication modification of these practices (especially the removal of arbitrary coercive controls) is effective in reducing violence’.9 1. European Committee for the Prevention of Torture (CPT), 2nd General Report on the CPT’s activities 1 January – 31 December 1991, [CPT/Inf (92) 3], 13 April 1992, para. 53. 2. Restraint device with several cuffs chaining a group of prisoners together. 3. Such devices are designed to be fastened around the wrist, ankle, waist, fingers, thumbs or toes to restrain free movement of the hands or legs, and can be made of metal, cloth or leather. Some instruments of restraint are designed so they restrict the movement of more than one part of the body. These are generally known as ‘combination’ cuffs and are most widely available as handcuffs and leg cuffs linked together with a long chain. 4. A jacket with overlong sleeves which are crossed and tied across the chest or back once the arms are inserted, leaving little or no movement for the arms. 5. Movable or stationary chairs, beds or boards, tying various points of the body (torso, chest, hands, legs, ankles) with belts and/or cuffs. 6. Beds molded in one piece and enclosed on all four sides. 7. These encircle various parts of the subject’s body (usually the waist, but variants have been developed to fit on legs or arms) and deliver an electric shock when a remote control device is activated. 8. United Nations, Prison Incident Management Handbook, 2013, p26. 9. Homel R and Thompson C, Causes and prevention of violence in prisons, Griffith University: Sydney, 2005. Available at:http://www.griffith.edu.au/_ ata/ assets/pdf_file/0003/188706/causes2.pdf <accessed 22 October 2013> Penal Reform International | Instruments of restraint: Addressing risk factors to prevent torture and ill-treatment | 1 FACTSHEET The Standard Minimum Rules revised in 2015 (the As a consequence, the use of restraints that are ‘inherently Nelson Mandela Rules)10 explicitly acknowledge the degrading or painful’ is not permissible under any concept of dynamic security and encourage prison circumstances. This should be read in the light of the administrations ‘to use, to the extent possible, conflict commentary to Article 5 of the UN Code of Conduct for prevention, mediation or any other alternative dispute Law Enforcement Officials, which states that the term resolution mechanism to prevent disciplinary offences or cruel, inhuman or degrading treatment or punishment to resolve conflicts’.11 ‘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 15 [G]enerally the literature supports the restricted by the principles of necessity and proportionality. International standards require that restraints are used “notion that the more coercive the prison restrictively, only in exceptional cases, where other methods environment the greater the potential for have been exhausted and failed. Standards developed violence. This is especially so where prison for the use of force and firearms indicate as permissible management and treatment of prisoners purposes: self-defence or defence of others against the are perceived by prisoners as unfair or imminent threat of death or serious injury; to prevent the illegitimate, as this strengthens prisoner perpetration of a particularly serious crime involving grave solidarity in opposition to the authorities. threat to life; to prevent escape; however, only when less extreme means are insufficient to achieve these objectives.16 This in turn threatens the legitimacy of the regime and reduces prisoner compliance. Instruments of restraint should only be used for the Conversely, prisons that provide more shortest possible period of time, and should never be applied as a punishment.17 The role of doctors is guided – opportunities for prisoner participation in and limited – by standards developed on medical ethics.18 education and vocational programs and promote self-efficacy, generally report Main references reduced levels of rule violations and violence. 12 • 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 by Law Enforcement Officials mechanical restraints. It outlines risk factors deriving from • UN Code of Conduct for Law Enforcement Officials19 the use of such devices in the penitentiary context – in police custody, prisons and during transfers. It does not • UN revised Standard Minimum Rules for the cover its use in psychiatric institutions,13 other places of Treatment of Prisoners (Nelson Mandela Rules), Rules deprivation of liberty, or during deportation.14 47-49, 76 and 82 • UN Rules for the Protection of Juveniles Deprived of their Liberty, Rule 64 2. What are the main standards? • UN Rules for the Treatment of Women Prisoners and Prohibitions and limitations of use, as well as the manner Non-custodial Measures for Women Offenders (the in which instruments of restraint may be applied, derive Bangkok Rules), Rule 24 from the prohibition of torture and cruel, inhuman or degrading treatment or punishment, and from the • European Prison Rules, Rule 68 obligation to respect and protect the human dignity of • Principles of Medical Ethics relevant to the Role of persons deprived of their liberty. 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.
Load more

Recommended publications
  • Paradigms of Restraint
    02__MURPHY.DOC 5/27/2008 1:44:55 PM PARADIGMS OF RESTRAINT ERIN MURPHY† ABSTRACT Incapacitation of dangerous individuals has conventionally entailed the exercise of physical control over an actual body: the state confines the person in jail. But advances in technology have changed that convention. A variety of new technologies—such as GPS tracking bracelets, biometric scanners, online offender indexes, and DNA databases—give the government power to control dangerous persons without relying on any exertion of physical control. The government can track the location of a person in real time, receive remote notification that an individual has ingested alcohol, or electronically zone someone into a home or out of a public park. It can prove conclusively that a particular person wore a hat or took a sip from a discarded soda can, or identify a single face in a ten thousand–person crowd. In this day and age, restraint of the dangerous can be as much about keeping people out of a place as it used to be about locking them up in one. But whereas physical incapacitation of dangerous persons has always invoked some measure of constitutional scrutiny, virtually no legal constraints circumscribe the use of its technological counterpart. Across legal doctrines, courts erroneously treat physical deprivations Copyright © 2008 by Erin Murphy. † Assistant Professor, University of California, Berkeley (Boalt Hall). I owe a debt of gratitude to Carol Steiker, who invited me to participate in the Conference on Criminal Procedure Stories at Harvard Law School at which a preliminary version of this work was given, and to Dan Richman, whose superb piece on United States v.
    [Show full text]
  • Use of Force Policy Certification
    Use of Force Policy Certification Agency: New London Police Department Assessor: Lt. Matthew Wagner Date: 11/20/2020 The Assessor is to review all relevant policies to determine compliance with the below listed mandatory requirements. The Agency’s use-of-force policies adhere to all applicable federal, state, and local laws. Context Compliance can be achieved by incorporating the above language into policy. If language is not present the assessor can find compliance if there are no procedures in their policy that would be in violation of the law, such as having procedures in violation of Graham v Connor, procedures in conflict with the Wisconsin DAAT Manual, etc. In Compliance Not in Compliance The Agency maintains use-of-force policies that prohibit the use of choke holds, except in those situations where the use of deadly force is allowed by law. Context Policy must include a prohibition of chokeholds for compliance. The agency may elect to allow the exception for chokeholds in those situations where the use of deadly for is justified by law, or to ban chokeholds completely. Agencies choosing to maintain the use of a Vascular Neck Restraint as a force option must clearly identify the differences between a Choke Hold and a Vascular Neck Restraint in their policy and address any procedures, restrictions, or limitations on the use of the Vascular Neck Restraint. Choke Hold – A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. Vascular Neck Restraint – A technique that can be used to incapacitate individuals by restricting the flow of blood to their brain.
    [Show full text]
  • Best Practices in the Use of Restraints with Pregnant Women and Girls Under Correctional Custody
    BEST PRACTICES IN THE USE OF RESTRAINTS WITH PREGNANT WOMEN AND GIRLS UNDER CORRECTIONAL CUSTODY Purpose of the Best Practices Statement The National Task Force on the Use of Restraints with Pregnant Women under Correctional Custody, initially convened by the U.S. Department of Justice in 2011, created this best practices statement to articulate a set of principles to guide agencies and jurisdictions in the development of local policy and practice. These best practices are relevant across a variety of settings including criminal justice, juvenile justice, psychiatric and forensic hospitals, law enforcement transport, and others. This document refers and applies to both women (age 18 years and older) and girls (younger than age 18) who are pregnant, laboring and delivering, or in the post-partum period. This statement is not a proscribed policy. Rather, it should serve as a starting point for individual organizations to use in developing effective internal policies, procedures, and practices that maximize safety and minimize risk for pregnant women and girls, their fetuses/newborns, and correctional and medical staff. Bureau of Justice Assistance U.S. Department of Justice ACKNOWLEDGMENT. The development of this document was sponsored by the Bureau of Justice Assistance, Office of Justice Programs (OJP), U.S. Department of Justice (DOJ). It was prepared by the National Association of State Mental Health Program Directors (NASMHPD) under Contract No. HHSS2832007000201 awarded by SAMHSA, and by the National Resource Center on Justice-Involved Women under Grant No. 2010-DJ-BX-K080 awarded by DOJ. It was written by Kristen King, MPS, from Advocates for Human Potential, Inc., with editorial oversight by Madeline Carter and Rachelle Ramirez from the Center for Effective Public Policy, contributions from Richard P.
    [Show full text]
  • Directive 5.11 PRISONER TRANSPORT
    Athens-Clarke County Police Department Directive 5.11 PRISONER TRANSPORT Effective Date: May 28, 2020 Cancels: B1/13/07, B1/13/03, A3/03/09 Updated Date: Section(s): SME Review Date: Updated Date: Section(s): May 28, 2022 Updated Date: Section(s): CONTENTS 5.11.1 POLICY AND PURPOSE 5.11.2 DEFINITIONS 5.11.3 RULES/RESPONSIBILITIES 5.11.4 TRANSPORTING NON-ARRESTEES 5.11.5 POSITIONAL ASPHYXIA 5.11.6 PROCEDURES 5.11.7 TRAINING 5.11.1 POLICY AND PURPOSE The purpose of this Directive is to establish procedures and guidelines whereby prisoners, persons living with a mental illness, or persons in the custody of the police will be transported. It is the policy of the Athens-Clarke County Police Department that all prisoners, persons living with a mental illness, or persons in the custody of the police will be transported in a manner that provides maximum security and safety of the prisoner, the public, and the transporting officer. 5.11.2 DEFINITIONS Flex-Cuff – a plastic strip that can be fastened as a restraint around a person’s wrists or ankles. Handcuffs – restraint devices designed to secure a person’s wrists close together. 5.11 PRISONER TRANSPORT PAGE 2 Ripp Hobble – a one-inch wide webbed belting designed to be used in various situations to secure the legs and ankles of an individual. Leg-Iron/Shackle – a kind of physical restraint used on the feet or ankles. Positional Asphyxia – a condition which may be caused or exacerbated by stress owing to the position of the body, with the stress influencing or inhibiting respiration.
    [Show full text]
  • Mechanical Restraint in Psychiatric Healthcare Facilities
    Mechanical restraint in psychiatric healthcare facilities A helpful tool, or torture or other cruel, inhuman or degrading treatment or punishment in disguise? Julia Rudhe Faculty of Law at Stockholm University Thesis 30 ECTS Subject: Public International Law Spring semester 2021 Supervisor: Per Ahlin Abstract The use of mechanical restraint is a common practice in psychiatric care, often defended by medical necessity but seldom questioned from a human rights per- spective. The purpose of this thesis has been to investigate under which circum- stances mechanical restraint by bed through belt fixation could amount to torture and other cruel, inhuman or degrading treatment or punishment. Persons with psychosocial disabilities are in a particularly vulnerable situation and as the Inter- national Convention on the Rights of Persons with Disabilities (CRPD) is the most comprehensive rights framework for this group, it has been discussed whether the CRPD sets out additional safeguards in relation to restraint. A legal doctrinal approach is the basic methodology used in order to outline the current international and European legal framework on torture and other ill- treatment and disability rights. A survivor-controlled research methodology has been applied and to amplify other voices of persons with firsthand experience of being mechanically restrained, interviews have been conducted with persons from Sweden and Spain. Healthcare professionals have also been interviewed. A feminist perspective on the law is applied. Different international conventions and bodies of the United Nations have diverse interpretations on what acts or omissions that amount to torture and other cruel, inhuman or degrading treatment or punishment, although there is an aim and will to streamline the conventions.
    [Show full text]
  • (2015) Behaviour Management and Restraint of Children in Custody
    Thematic report by HM Inspectorate of Prisons Behaviour management and restraint of children in custody A review of the early implementation of MMPR by HM Inspectorate of Prisons November 2015 Glossary of terms We try to make our reports as clear as possible, but if you find terms that you do not know, please see the glossary in our ‘Guide for writing inspection reports’ on our website at: http://www.justiceinspectorates.gov.uk/hmiprisons/about-our-inspections/ Crown copyright 2015 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected] Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at the address below or: [email protected] This publication is available for download at: http://www.justiceinspectorates.gov.uk/hmiprisons/about-our-inspections/ ISBN: 978-1-84099-724-8 Printed and published by: Her Majesty’s Inspectorate of Prisons Victory House 6th floor 30–34 Kingsway London WC2B 6EX England 2 Behaviour management and restraint of children in custody thematic report Contents Contents Acknowledgements 4 Introduction 5 Section 1. Summary 9 Section 2. Background 15 Section 3. The MMPR system 29 Section 4. Implementing MMPR 35 Section 5. MMPR in practice 41 Section 6. Governance and oversight of MMPR 67 Section 7.
    [Show full text]
  • Chapter 1.3.1.1
    CHAPTER: 1.3.1.1 Page 1 of 10 NEW ORLEANS POLICE DEPARTMENT OPERATIONS MANUAL CHAPTER: 1.3.1.1 TITLE: HANDCUFFING AND RESTRAINT DEVICES EFFECTIVE: REVISED: PURPOSE This Chapter governs handcuffing and otherwise restraining suspects during detentions and arrests to provide adequately for the safety and security of the suspect being detained or in custody, the transporting officer, and the public. POLICY STATEMENT 1. The New Orleans Police Department authorizes the use of handcuffs and restraint devices in order to control suspects who are actively, aggressively or aggravatedly resisting a lawful detention or arrest in accordance with this Chapter, Chapter 1.3 - Use of Force and department training. 2. Restraint devices shall not be used to demean, embarrass, punish, or display authority; they also shall not be used as a show of force. 3. Consistent with NOPD Policy concerning use of force generally, force shall not be use against an individual in handcuffs or other restraint device except as reasonably necessary to prevent imminent bodily harm to the officer or another person or persons. 4. The improper use of force against individuals in handcuffs or other restraining devices can constitute excessive force in violation of the United States Constitution and State law, and it may result in criminal prosecution as well as civil liability. DEFINITIONS: Definitions relevant to this Chapter include: Active Resistance—Resistance exhibited by a suspect that is between passive resistance and aggressive resistance (e.g., attempts to leave the scene, flee, hide from detection, or pull away from the officer’s grasp). Verbal statements, bracing, or tensing alone do not constitute active resistance.
    [Show full text]
  • Positional Asphyxia—Sudden Death
    U.S. Department of Justice Office of Justice Programs National Institute of Justice National Law Enforcement Technology CenterBulletin June 1995 A National Institute of Justice Program Positional Asphyxia—Sudden Death Major portions of this bulletin are drawn from a report prepared by the International Association of Chiefs of Police for the National Institute of Justice (NIJ), based on research conducted by Dr. Charles S. Petty, Professor of Forensic Pathology, University of Texas, and Dr. Edward T. McDonough, Deputy Chief Medical Examiner, State of Connecticut, and reviewed by the Less-Than-Lethal Liability Task Group. Police, sheriffs, and correctional officers cases involving positional asphyxia is ■ Unresponsiveness of subject during have a limited and largely inadequate set also included. Through officer awareness or immediately after a struggle. of tools to use to safely subdue violent and resultant action, it is anticipated that Such unresponsive behavior may and aggressive subjects. Through NIJ’s deaths attributable to this cause will be indicate cardiopulmonary arrest and National Law Enforcement Technology reduced. the need for immediate medical Center (NLETC), the Federal Govern- attention. ment is working to identify and support Sudden in-custody death is not a new the development of a range of less-than- phenomenon—it can occur at any time, It is important to understand how lethal technologies—from those suitable for a variety of reasons. Any law enforce- preexisting risk factors, combined with for one-on-one encounters to those that ment agency may experience a sudden in- the subject’s body position when subdued might be used for stopping fleeing custody death, and while rare, such or in transit, can compound the risk of vehicles.
    [Show full text]
  • Davis Police Department
    DAVIS POLICE DEPARTMENT HANDCUFFING/RESTRAINTS & TRANSPORTATION OF PRISONERS Policy and Procedure 3.14-A DEPARTMENT MANUAL Index as: Handcuffing Policy Restraints Safe Wrap The WRAP Prisoner Transportation Searches Custody, Searches Strip Search I. POLICY The Davis Police Department authorizes the use of restraint devices in accordance with this Policy, Policy & Procedure 3.05-A, Use of Force, and Department training. Restraint devices shall not be used to punish, to display authority or as a show of force. Handcuffing or the use of restraints is not required when the threat to personal safety is minimal, the offense is a nonviolent misdemeanor or infraction, the person displays no capacity or inclination to escape custody, or the person is not likely to assault or engage in conduct likely to injure themselves or others. All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search. Searches shall not be used for intimidation, harassment, punishment or retaliation. When a restrained person complains of pain, injury, and/or impaired breathing, the officer shall determine whether there is a need to remove or adjust restraints and/or seek immediate medical attention. II. RESTRAINTS & TRANSPORATION A. Department Approved Handcuffs and Auxiliary Restraints Officers shall only use those handcuffs approved by the Department. Approved handcuff brands include: 1 Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons/restraints, the Safe WRAP and other similar devices. Auxiliary restraint devices are intended to provide enhanced restraint during transportation or while a person is in custody.
    [Show full text]
  • Balancing Security and Dignity in Prisons: a Framework for Preventive Monitoring
    Balancing security and dignity in prisons: a framework for preventive monitoring A Detention Monitoring Tool resource Second edition Incorporates the 2015 revised Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) Balancing security and dignity in prisons: a framework for preventive monitoring Penal Reform International and the Association for the Prevention of Torture (APT) would like to thank Andrea Huber, Barbara Bernath, Rob Allen and Edouard Delaplace for drafting this paper. This paper has been produced under Penal Reform International’s project Strengthening Institutions and Building Civil Society Capacity to Combat Torture in 9 CIS Countries, in partnership with the Association for the Prevention of Torture and with the financial assistance of the European Instrument for Democracy and Human Rights (EIDHR). The reprint and update of this paper to incorporate the 2015 revised Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) was made possible by the financial assistance of the UK Government. The contents of this document are the sole responsibility of Penal Reform International and can in no circumstances be regarded as reflecting the position of the European Union or the UK Government. This publication may be freely reviewed, abstracted, reproduced and translated, in part or in whole, but not for sale or for use in conjunction with commercial purposes. Any changes to the text of this publication must be approved by Penal Reform International. Due credit must be given to Penal Reform International and to this publication. Enquiries should be addressed to [email protected]. Cover illustration by John Bishop Penal Reform International Association for the Prevention of Torture 60 – 62 Commercial Street PO Box 137 London E1 6LT United Kingdom CH-1211 Geneva 19, Switzerland Telephone: +44 (0) 20 7247 6515 Telephone +41 (22) 919 21 70 Email: [email protected] Email: [email protected] www.penalreform.org www.apt.ch ISBN: 978-1-909521-51-3 Second edition © Penal Reform International 2015.
    [Show full text]
  • 306 Handcuffing and Restraints
    Policy Union City Police Department 306 Union City PD Policy Manual Handcuffing and Restraints 306.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 306.2 POLICY The Union City Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy, and department training. Restraint devices shall not be used to punish, to display authority, or as a show of force. 306.3 USE OF RESTRAINTS Only members who have successfully completed Union City Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include but are not limited to: • The circumstances or crime leading to the arrest. • The demeanor and behavior of the arrested person. • The age and health of the person. • Whether the person is known to be pregnant. • Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. • Whether the person has any other apparent disability. 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others.
    [Show full text]
  • Detention Monitoring Tool Factsheet Instruments of Restraint Addressing Risk Factors to Prevent Torture and Ill-Treatment
    Detention Monitoring Tool Factsheet Instruments of restraint Addressing risk factors to prevent torture and ill-treatment ‘Prison staff will on occasion have to use force to control violent prisoners and, exceptionally, may even need to resort to instruments of physical restraint. These are clearly high risk situations insofar as the possible ill-treatment of prisoners is concerned, and as such call for specific safeguards.’ (European Committee for the Prevention of Torture)1 1. Definition and context In broad terms, instruments of restraint can be grouped into: Measures such as the use of instruments of restraint may be necessary to provide security and order in a DD ‘low-technology’ mechanical restraints – such as custodial setting: to protect persons deprived of their ankle cuffs, anklets, hand- or leg-cuffs, fetters, liberty from inter-prisoner violence; for self-defence, waist bands, wristlets, plastic cuffs, wraps, to prevent self-harm and suicide; and to prevent belts, shackles, chains, (weighted) leg irons or 2 3 escape. leg cuffs, gang chains, finger- and thumb cuffs, soft/fabric restraints, straightjackets;4 However, instruments of restraint pose a high risk DD so-called four/five/six-point restraints – such for torture or other ill-treatment due to their highly as restraint chairs, shackle boards and restraint intrusive nature and the risk of causing injury, pain beds,5 isolation beds;6 and and/or humiliation, and are often deliberately used DD body-worn electric-shock restraint devices7 – as a torture tool. Some devices have been prohibited such as stun belts, sleeves or cuffs. or condemned in general as degrading or painful.
    [Show full text]