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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In Slovak prisons, convicts when outside cells (e.g. when taken for walks) are shackled on the basis of an individual assessment of their riskiness. However, so far this assessment differs in the individual prisons – there are no unified factors to determine the need for shackling convicts when outside cells (in some prisons, only the length of the sentence and seriousness of the committed crime are the criteria for determination of the need for shackling convicts). The absence of unified and viewable criteria (or the existence of criteria based on the seriousness of the committed crime) may give the impression of routine shackling of all convicts. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment brought this fact to our attention in relation to life sentence prisoners and recommended us to review the existing practice and draw security risk (risk of violence or other incidents that could endanger the security) not from the length of the sentence and character of the committed crime. Therefore, we would like to obtain from you answers on the following questions.
The Scottish Prison Service does not shackle any prisoner within the custodial environment.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling? Is the security risk reviewed at specified intervals?NIPS does not use shackling under any circumstances. We only retain the option of limb restraint in cases of extreme violence or instances of serious self-harm (specified in the Security Manual Chapter 8 - 8.12). The only restraints we deploy are Hand Cuffs, Closet Chains and Fastraps.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?NIPS does not use shackling under any circumstances. We only retain the option of limb restraint in cases of extreme violence or instances of serious self-harm (specified in the Security Manual Chapter 8 - 8.12). The only restraints we deploy are Hand Cuffs, Closet Chains and Fastraps.
Is the security risk reviewed at specified intervals?NIPS does not use shackling under any circumstances. We only retain the option of limb restraint in cases of extreme violence or instances of serious self-harm (specified in the Security Manual Chapter 8 - 8.12). The only restraints we deploy are Hand Cuffs, Closet Chains and Fastraps.
In general terms, we consider not only the type of crime committed, but mainly the real behaviour during their time in prison.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?No. That can be one of the items to consider -related to the committed crime-, but not the main or the only one.
Is the security risk reviewed at specified intervals?Yes. Each three months, the situation of inmates under closed regimen is studied and reviewed.
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An inmate’s risk is assessed using OASys. Inmates included in the list of inmates at risk of attacking others are always shackled when outside their cells.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?Life sentenced are not shackled inside the prison unless the prison director issues an order on the need of shackling (when an incident happens an inmate’s behaviour is revised by the disciplinary commission and for one year period an inmate may be included in the list of inmates at risk of attacking others, provided no positive changes in the behavior occur, the period may be extended.
Is the security risk reviewed at specified intervals?yes, see above.
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Section 23 of the Prisons Administration Law regulates the right of an official to use physical force, special combat methods and special means. Part 1 Section 23 of the aforementioned law states that an official has the right to use physical force, special combat methods and special means in the deprivation of liberty institution, as well as upon transferring a prisoner to the medical treatment institution outside the deprivation of liberty institution or upon guarding a prisoner in the medical treatment institution outside the deprivation of liberty institution, in order to: 1) repel an attack on oneself or other persons; 2) repel an attack on buildings, premises, structures and transport equipment or to clear forcibly occupied objects; 3) free hostages; 4) prevent civil disorders; 5) detain a person who does not submit to or resists the official, may run away or cause harm to himself or herself and other persons (if there is a reason to believe so); 6) stop an escape attempt of detained or sentenced persons. Part 2 Section 23 of the Prisons Administration Law states that an official is prohibited from using special combat methods and special means (except handcuffs) against women, minors and disabled persons with obvious signs of disability except in cases when such persons participate in a group attack, endanger the lives or health of the official, employee or other persons, or show armed resistance. The Cabinet Regulation No.283, adopted 9 June 2015 "The Order in which the Prison Administration Official with a Special Service Rank Can Use Special Means" defines the types of special means and the procedure how they are used by the Prison Administration official with a special service rank. The regulations state that, upon transferring a prisoner to a medical treatment institution outside the deprivation of liberty institution or guarding a prisoner in the medical treatment institution outside the deprivation of liberty institution, an official can use special means – handcuffs. Undoubtedly, the violence (attack) and security risks of the relevant situation are taken into account. The special means in the deprivation of liberty institution – handcuffs or means restricting the movements (physical force), mostly are applied in cases to repel an attack on officials or detain in situations when a prisoner does not submit to or resists the official, considering separately every certain situation.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?Part 3 Section 508 of the Sentence Execution Code of Latvia states that special means - handcuffs - may be applied to persons sentenced with deprivation of liberty for life (life imprisonment) when being transferred in the territory of the deprivation of liberty institution, if such persons may threaten the staff transferring them or if there is reasonable suspicion of a possible escape of the convicted person. Whereas, Clause 1 Part 5 of the aforementioned Section states that the dangerousness of each person sentenced with deprivation of liberty for life (life imprisonment) and the need for the application of special means - handcuffs - when being transferred in the territory of the deprivation of liberty institution, shall be assessed by a committee established by the head of the deprivation of liberty institution. Part 7 Section 50.8 of the Sentence Execution Code of Latvia states that, in case a committee has made a decision to apply special means – handcuffs – to a person sentenced with deprivation of liberty for life, not less than once in every six months it evaluates repeatedly the dangerousness of the convicted person and the need for the application of special means - handcuffs - when being transferred in the territory of the deprivation of liberty institution. It turns out, from the above mentioned legal framework, that different criteria are taken into account regarding the application of special means to persons sentenced with deprivation of liberty for life, and they are – social rehabilitation of the convicted person, supervision, security, medical care and, of course, psychological aspect that the committee established in the deprivation of liberty institution reassesses periodically.
Is the security risk reviewed at specified intervals?A committee established in the deprivation of liberty institution periodically (not less than once in every six months) reassesses the need to apply special means – handcuffs – to a person sentenced with deprivation of liberty for life. Of course, in any case and regarding to all prisoners, the security and danger risks as well as the need to apply special means for relevant situation in the deprivation of liberty institution are assessed regularly.
According to our Rules on the exercise of the duties and powers of prison officers we shackle people in case if they are transferred to the court or medical institution (if this is necessary), so if inmates are accompanied outside of the prison facility. Inside the prison we use this measure only if there is a need to put inmate into solitary confinement. Means of restraint are used if this is necessary to prevent the continuation of the attack on the prison officer, the continuation of self-harm or danger causing major material damage. For each case there have to be order to restrain shackling.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?There are no special factors in place specifically for life sentence prisoners in relation to the security risk and the need of shackling.
Is the security risk reviewed at specified intervals?Yes, every case is observed and use of shackling reviewed for how long is it necessary (for example time of the transfer) or until situation of the person needs it.
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Shackling is one the official security-measures in Criminal Sanctions Agency and it´s use is defined by the Prison Law. Prisoners immediate liberty to move can be resctricted by use of handcuffs, plastic bonds or a cover preventing spitting or in a another corresponding way, only if it is deemed neccessary: 1) to prevent an escape during transportation; 2) to prohibit a kind of violence, that is not possible to prevent in other means and that would cause harm to the prisoner or to the safety of any other person or would inflict considerable amount of damage to property; 3) to prevent an oncoming violent act; or 4) to secure the process of person-inspection for prisoner
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?The consideration to use shackling is not based on the length of the sentence, whether it is life sentence or shorter. The Prison Law defines the situations in which we can use handcuffs etc. These situations are same to every prisoner.
Is the security risk reviewed at specified intervals?Before every possible situation for shackling, there is a moment to evaluate the current security risks that are present. According to this evaluation, the prisoner is either shackled or not. Prisoners are not divided between the ones who are to be shackled and the ones that are not. All shackling is done situationally and case by case in practice.
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Please see attached document.
Do you consider and assess any special factors specifically for life sentence prisoners in relation to the security risk and the need of shackling?Please see attached document.
Is the security risk reviewed at specified intervals?Please see attached document.
Attachments:
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