THE NELSON MANDELA RULES
15
Instruments of restraint
Rule 47
1. The use of chains, irons or other instruments of restraint which are
inherently degrading or painful shall be prohibited.
2. Other instruments of restraint shall only be used when authorized by
law and in the following circumstances:
(a)
As a precaution against escape during a transfer, provided that they
are removed when the prisoner appears before a judicial or
administrative authority;
(b)
By order of the prison director, if other methods of control fail, in
order to prevent a prisoner from injuring himself or herself or others
or from damaging property; in such instances, the director shall
immediately alert the physician or other qualified health-care
professionals and report to the higher administrative authority.
Rule 48
1. When the imposition of instruments of restraint is authorized in
accordance with paragraph 2 of rule 47, the following principles shall apply:
(a)
Instruments of restraint are to be imposed only when no lesser form
of control would be effective to address the risks posed by unrestricted
movement;
(b)
The method of restraint shall be the least intrusive method that is
necessary and reasonably available to control the prisoner’s
movement, based on the level and nature of the risks posed;
(c)
Instruments of restraint shall be imposed only for the time period
required, and they are to be removed as soon as possible after the
risks posed by unrestricted movement are no longer present.
2. Instruments of restraint shall never be used on women during labour,
during childbirth and immediately after childbirth.
Rule 49
The prison administration should seek access to, and provide training in the
use of, control techniques that would obviate the need for the imposition of
instruments of restraint or reduce their intrusiveness.