Vulnerable Groups & Risk of ill-treatment
Who is vulnerable to ill-treatment? Vulnerability to ill-treatment depends on Situation Characteristics of the person
Situational Vulnerability NPMs, the CPT and the SPT have observed: all situations of deprivation of liberty entail some risk of ill-treatment because the person is in the power of others and people outside cannot see what is happening inside
Examples of vulnerability Situations Stages of custody Arrival at facility Disciplinary cells Control unit Protective segregation Characteristics Age Gender Ethnic background State of health Sexuality
Situational risk 1. the risk of active ill-treatment tends to be greater at the outset of deprivation of liberty pressure to obtain information temptation to take shortcuts lack of resources for investigation reliance on confessions
Situational Risk 2.The risk of passive ill-treatment may increase over time for example, poor conditions have a stronger effect, the longer they last poor healthcare leads to deterioration of health over time
Identifying vulnerability invisible vulnerability characteristic or situational ? or both? permanent or temporary single or multiple
Multiple vulnerabilities gender age sexuality custody stage custodial restriction mental health ethnicity
A complex example A young female prisoner - recorded in dossier as bi-sexual - new arrival in a mostly male remand prison - still subject to return to police custody for further investigation - with mental health issues - considered to be a suicide risk - placed in protective segregation
Setting priorities By identifying vulnerabilities identifying vulnerable people to interview checking on how they are treated on site checking on staff awareness & attitudes assessing the risk of ill-treatment identifying gaps in their protection recommending improvements suggesting amendments to laws and regulations