UNOFFICIAL TRANSLATION BY THE INDEPENDENT OMBUDSMAN’S OFFICE
8
3- Legal use of force
Indicators
Where force is used, staff use only techniques in line with the provisions of the law and
the regulations.
The staff received theoretical and practical training on how to use no more force than
necessary and for no longer than necessary
Prisoners or detainees and staff are examined by an appropriately qualified health care
professional if requested, or if there are health concerns
Use of force within custody suites is documented within the personal record of the
prisoner or detainee if he is involved or if he is subjected to acts that led to the use of
force.
Evidence
Staff
Ask
How they define use of force
What methods of restraint they think can be appropriately applied in the enclosed
custodial setting, for example, in cases of violence or lack of cooperation.
What methods of de-escalation they use before force is applied.
In what circumstances they would apply force
If the consequences of and potential injuries resulting from different methods of force
are recognised and taken into account
What alternative procedures are applied to those with a known health problem, persons
aged between 15 and 18 years old, or with women who are known to be pregnant
What training they have had in the use of force, when this occurred and whether they
have had any refresher training.
Documentation
Check
The use of force directives and guidelines
Staff training records
The use of force form and custody records. Look for evidence that a health
examination took place after the use of force in custody, if appropriate, how quickly the
prisoner or detainee was seen after the use of force incident and the outcome of the
examination.
