Dual loyalties 1.12
Use of restraint
The prison authorities or the guards may decide to punish prisoners who are violent or break the prison rules. Punishments can vary from caning and shackling to solitary confinement etc. Doctors can be called upon to give their medical agreement to such punishment, or to declare an individual fit for punishment or, sometimes, dietary restrictions. In such situations the guards can feel insecure and find it safer with a doctor present to monitor the prisoner. Most doctors perceive this as an unpleasant situation but often do not know how to handle it. Some doctors even feel it is their duty to be present, as they can restrain the hand of the punisher and thereby diminish suffering
Doctors should not be called to witness any type of corporal punishment or other forms of violence. If they are called to do so, they would in fact be called to give medical approval to the punishment. Any assurances from prison staff that their role is simply to witness restraint of a violent detainee, is also unacceptable for a doctor. If uncalled for behaviour that can only be stopped by having a doctor present, there is definitely something wrong with the system, and such procedures should certainly not be ‘medicalised’. The prison staff will probably maintain that the situation can be more dangerous for the prisoner without qualified personnel to evaluate the health of the prisoner. International recommendations and declarations are however clear on this issue (UN Principles on Medical Ethics, Principle 4):
It is a contravention of medical ethics for health personnel, particularly doctors:
b) To certify, or participate in the certification of, the fitness of prisoners or detainees for any form of treatment or punishment ...
The doctor must of course evaluate each situation individually. The rules and recommendations do not prevent doctors from giving advice if the prisoner is dangerous to himself or others.
Another difficult situation prison doctors can be involved in, is medical examinations or treatment of patients in restraints (as mentioned before). Some compromises are probably unavoidable. Special safeguards could be accepted during the medical examination of dangerous or violent prisoners or to prevent the prisoner from injuring him or herself. The safeguards should be commensurate with the actual risk and respect the privacy of the doctor-patient relationship. The doctor must be aware that the custodial staff could have a tendency to exaggerate risk of escaping and try to force medical staff to examine prisoners in restraints, even when it is not necessary.