Amnesty International Criticizes El Paso
County Sheriff’s Use of Restraint Board
FOR IMMEDIATE RELEASE
September 2, 1998
The El Paso County Sheriff’s use of the restraint board and his proposed use of a restraint chair may violate international standards for the humane treatment of prisoners, according to a letter mailed to Sheriff John Anderson last week by Amnesty International, the London-based international human rights organization.
The letter was released today by the American Civil Liberties Union of Colorado (ACLU), which filed a class action lawsuit in May challenging the Sheriff’s use of the restraint board, a 7-foot piece of lumber to which inmates are strapped face-down and held immobile for up to 12 hours, forcing many to urinate and defecate in their clothing. The ACLU’s suit was filed two weeks after inmate Michael Lewis died shortly after being removed from the board, his second time on the board that day. The El Paso County Coroner named the board as a contributing cause of the inmate’s death.
"International human rights apply locally as well as globally," said Mark Silverstein, ACLU Legal Director. "The United States has agreed to abide by international agreements that protect prisoners against cruel, inhuman, or degrading treatment." Amnesty’s letter cited the International Covenant on Civil and Political Rights and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, both of which have been ratified by the United States.
According to Amnesty, multi-point restraints are permissible only as a short-term emergency measure to protect inmates from self-inflicted harm. But the manner in which the restraint board is allegedly used, Amnesty said, exceeds what could be justified as an emergency and constitutes cruel, inhuman, or degrading treatment, in violation of international human rights standards.
"We understand that the present policy . . . allows . . . the restraint board to be used as a first option for the full restraint of an inmate, and provides no time limit, despite the recognized health risks involved in immobilizing prisoners in restraints for long periods," the letter states.
Amnesty noted the death of Lewis and expressed concern over allegations that inmates are denied access to toilets and forced to urinate and defecate in their clothing; the lack of medical supervision; reports that the board is used for punishment; and allegations that juveniles have been strapped to the board.
In June, after the controversy over the death of Lewis and the filing of the ACLU’s lawsuit, Sheriff Anderson announced a temporary moratorium on the use of the restraint board. Although he has not yet determined whether to reinstate the board, he has supplemented the jail’s restraint arsenal by purchasing another full body restraint device, a restraint chair.
Amnesty warned that the restraint chair also has been associated with abuse of prisoners, citing a Louisiana case in which the Justice Department found that inmates had been subject to "physical and mental torture" when they were strapped to the chair for extended periods of time and forced to sit in their own urine and excrement.
In order to comply with international standards, Amnesty urged the Sheriff to use multi-point restraints only "as a last resort and solely as an emergency short-term measure to protect an inmate from serious self-harm in a manner consistent with respect for the inherent dignity of all persons." If the restraint chair is used, the letter suggested, there should be strict time limits on its use and inmates should have access to bathrooms. In addition, the letter urged strict monitoring, documentation, and review by an oversight body.
Amnesty International is a world-wide organization whose work is based on standards contained in the Universal Declaration of Human Rights and other international treaties and instruments. Under its mandate, Amnesty International seeks the release of prisoners of conscience; works for fair trials in political cases; and opposes the death penalty and the torture or cruel, inhuman or degrading treatment of prisoners in all circumstances.
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