A/HRC/42/20
deaths in custody. Among the best practices in that regard are improvements to the training
of staff and the implementation of changes in the management and operation of detention
facilities.
1.
Training of detention facility personnel
54.
Effective training for detention staff and law enforcement officials can reduce the
occurrence of death in custody and prevent violence against and among detainees. 155 Such
trainings should focus on the proper treatment of detained suspects and the prohibition of
torture, the lawful use of force in law enforcement operations, the arbitrary deprivation of
life and the management of prisoners in order to prevent inter-prisoner violence.156
55.
Depending on the specific needs of a facility, issue-specific training should be
organized. For instance, mandatory gender-sensitive training for judges, prosecutors and
police and prison officers can reduce sexual violence in custodial settings, 157 while training
and awareness-raising regarding issues children confront in detention facilities can also
improve the conditions of detainees.158 Furthermore, training detention facility staff to
recognize suicidal tendencies in incarcerated individuals can assist in suicide prevention.159
56.
However, training and education programmes on human rights and the prevention of
torture have a limited impact.160 Those organizing training should be attentive to the
circumstances in which training is conducted, for example, compelling prison staff to attend
such training in their personal time may predispose them negatively.161 Training should
include modules on sanctions that personnel may face if they fail to comply with the
professional standards of conduct.162 All training should be conducted with a view to
improving the morale, work ethic and sense of belonging of detention facility personnel and
law enforcement officials.163 The report on the seminar held in 2017 to exchange national
experiences and practices on the implementation of effective safeguards to prevent torture
during police custody and pretrial detention offers additional guidance for States in their
efforts to prevent torture and other ill-treatment in custodial settings.164
2.
Management and operation of facilities
57.
The risk of violence, death and serious injury resulting from the actions of officials
can be reduced through the adoption of a number of practical measures. These include
maintaining proper records of persons deprived of their liberty by registering them upon
arrival at a detention facility, which ensures that all persons are kept track of, 165 ensuring a
medical examination upon arrival and providing persons deprived of their liberty with
immediate access to a lawyer.166 Standard operating procedures, such as those related to
visits, disciplinary measures and the use of force and restraints, should be regularly
updated.167 Integrating the evaluation of aggressive behaviour in the decision-making
process regarding the use of physical restraints on potentially violent detainees and
implementing de-escalation techniques can also reduce the incidence of violence,
particularly in psychosocial facilities.168 In addition to being separated from male detainees,
female detainees should be monitored by female guards in order to protect them from
155
156
157
158
159
160
161
162
163
164
165
166
167
168
See CMW/C/TUR/CO/1; A/HRC/28/68/Add.4.
See A/HRC/11/2/Add.3; CAT/C/BGR/CO/6; CAT/C/MDA/CO/3; CAT/C/BGR/CO/6;
CAT/C/KAZ/CO/3; ICRC, “Guidelines for Investigating Deaths in Custody”; submission of Uruguay.
See CCPR/C/JPN/CO/5.
See CRC/C/LVA/CO/3-5.
Submission of Slovenia.
Submission of the Comisión de Derechos Humanos del Distrito Federal (Mexico).
Ibid.
Submission of Uruguay.
Ibid.
See A/HRC/37/27.
See A/HRC/25/60/Add.1.
Submission of Morocco.
Submission of Uruguay.
Submission of the Ombudsman (Luxembourg).
15
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